Mayer v. Kornegay
Supreme Court of Alabama
Petition to Sell Lands to Pay Debts. Appeal from Marengo Probate Court. Heard before Hon. A. L. Hasty. Petition by Morris Mayer, administrator of the estate of Allen Kornegay, for the sale of land of his in-Intestate for the payment of debts. The petition was contested by Thornton Kornegay and others, heirs of Allen Kornegay. From, a decree dismissing the petition, the administrator appeals.
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Petition to Sell Lands to Pay Debts. Appeal from Marengo Probate Court. Heard before Hon. A. L. Hasty. Petition by Morris Mayer, administrator of the estate of Allen Kornegay, for the sale of land of his in-Intestate for the payment of debts. The petition was contested by Thornton Kornegay and others, heirs of Allen Kornegay. From, a decree dismissing the petition, the administrator appeals. Morris Mayer, as administrator of the estate of Allen Kornegay, filed his petition, containing the necessary statutory averments, seeking the sale of certain lands belonging to his intestate for the…
1Opinion of the CourtSimpson, J.
This was a petition by the appellant for the sale of the lands of his intestate for the payment of debts. A plea of res adjudicata was filed, showing that a similar petition had been previously filed, and, on hearing and after taking testimony, was by decree of the court dismissed. A demurrer to said plea was by the court overruled. The appellant then filed a replication, to which a demurrer was interposed, and the court sustained the demurrer. The assignments of error relate entirely to the action of the court in overruling the demurrer to the plea and in sustaining the demurrer to the…
2Cases cited4 opinions
- Central Agricultural & Mechanical Ass'n v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1881
- Ford v. Ford's Adm'rSupreme Court of Alabama · 1880
- McCalley v. Robinson's Adm'rSupreme Court of Alabama · 1881
- State ex rel. Craft v. WilliamsSupreme Court of Alabama · 1901
3Cited by4 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Lawrence v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1933
- St. Louis & S. F. R. R. v. HallSupreme Court of Alabama · 1914
- Black v. TamamianDistrict of Columbia Court of Appeals · 1946