May v. Marks
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by Carey May and others, children and heirs at law of Wm.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by Carey May and others, children and heirs at law of Wm. S. May, deceased, against Spencer C. Marks, to recover a tract of land containing about one thousand acres, together with damages for its detention; and was commenced on the 5th February, 1883. The facts of the case, as agreed on by the parties, are thus stated in the bill of exceptions: “William S. May died in said county of Lowndes, in the fall of the year 1865, being then seized and possessed of the lands now sued for; and the…
1Opinion of the CourtSomeryille, J.
— The case is one of ejectment, in which the plaintiffs claim title as heirs at law of one William S. May, who is shown to have died seized and possessed of the lands in controversy. The defendant claims title through one Witcher, who purchased the land under a decree of the Probate Court *253ordering a sale for the payment of the debts of the decedent.. The question presented is, whether the sale made on the application of Hunter, claiming to be the administrator of May’s estate, was void. This being a collateral assailment of the decree of sale, there can be, otherwise,-no recovery by the…
2Cases cited11 opinions
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- Landford v. DunklinSupreme Court of Alabama · 1882
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- Coltart v. AllenSupreme Court of Alabama · 1866
- Field's Heirs v. GoldsbySupreme Court of Alabama · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Kling v. ConnellSupreme Court of Alabama · 1894
- Ligon v. LigonSupreme Court of Alabama · 1887
- Clancy v. StephensSupreme Court of Alabama · 1890
- Farley v. Dunklin & ReeseSupreme Court of Alabama · 1884
5 more not listed; retrieve them via the Exa API.