Sewell v. Sewell
Supreme Court of Alabama
Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Bill by M. A. Sewell, as administrator, etc., against L. F. Sewell and others, to remove the administration of the estate from the probate to the circuit court, to enjoin the prosecution in the probate court of a ■ petition to sell lands for division and for other purposes. From a decree granting the injunction, overruling demurrers to the bill and entering an order of removal, respondents appeal.
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Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Bill by M. A. Sewell, as administrator, etc., against L. F. Sewell and others, to remove the administration of the estate from the probate to the circuit court, to enjoin the prosecution in the probate court of a ■ petition to sell lands for division and for other purposes. From a decree granting the injunction, overruling demurrers to the bill and entering an order of removal, respondents appeal. Under the facts in this case, the administrator had and has no rights in or to the lands as against the heirs, and must ground his…
1Opinion of the CourtMiller, J.
[1] This bill is filed by M. A. Sewell individually and as administrator of the estate of J. A. Sewell, deceased, against L. F. Sewell and others, the heirs of the decedent, to remove the administration of the estate fro'm the probate court of Cherokee county to the equity docket in the circuit court of that county. It avers under oath that complainant is an heir of the decedent and the administrator of the estate; that no final settlement thereof has been made; and it avers facts showing in the opinion of petitioners the estate can be better administered in the circuit court in equity than…
2Cases cited8 opinions
- Marshall v. MarshallSupreme Court of Alabama · 1888
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Wilkinson v. StuartSupreme Court of Alabama · 1883
- Chaney's Heirs v. Chaney's Adm'rSupreme Court of Alabama · 1861
- Long v. LongSupreme Court of Alabama · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brittain v. IngramSupreme Court of Alabama · 1968
- Ex Parte McLendonSupreme Court of Alabama · 1924
- Dillard v. GillSupreme Court of Alabama · 1936
- Bynum v. BrewerSupreme Court of Alabama · 1927
- Frye v. Community ChestSupreme Court of Alabama · 1941
3 more not listed; retrieve them via the Exa API.