Davis v. Tarver
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. In the matter of the estate of Isham Pettis, deceased, on the application of Leroy W. Davis, the administrator, for an order to sell lands for the payment of debts. The only matters here assigned as error relate to the exclusion of evidence ■offered by the administrator, who is now the appellant; and the opinion of the court states all the material facts.
1Opinion of the CourtBeickell, C. J.
— The appellant, as administrator of Isham Pettis, deceased, filed in the Court of Probate an application for the sale of the lands of the decedent, to pay debts. On the hearing, the application was contested by one of the heirs of the intestate, and by an alienee of the widow and heirs, to whom an undivided half of the lands had been conveyed. The contest was limited to the fact of the indebtedness of the intestate. The appellant, to establish an indebtedness, produced a note, of date February 5th, 1873, purporting to be signed by the intestate and his wife, for the payment of four hundred…
2Cases cited6 opinions
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- Westmoreland v. DavisSupreme Court of Alabama · 1840
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