Arnett v. Birmingham Coal & Iron Co.
Supreme Court of Alabama
Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stjles. Petition by the Birmingham Coal & Iron Company for the substitution of records directed to William E. Arnett and others. From a judgment substituting the record, Arnett appeals. The guardian who made the sale having died, the personal representative of such guardian should be made a proper party by the proper notice. — Davney v. Mitchell, 56 Ala..
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Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stjles. Petition by the Birmingham Coal & Iron Company for the substitution of records directed to William E. Arnett and others. From a judgment substituting the record, Arnett appeals. The guardian who made the sale having died, the personal representative of such guardian should be made a proper party by the proper notice. — Davney v. Mitchell, 56 Ala.. It is insisted that the Birmingham Coal & Iron Company were not parties to the original proceeding, and that, therefore, they are incompetent parties to ask for an order of…
1Opinion of the CourtSayre, J.
This is a proceeding under section 5741, of the Code of 1907 for the substitution in the probate court of a petition by a guardian for the sale of-land for the support of her wards and of the report of sale made in pursuance of an order of. sale made by the court in accordance with the petition. Except for the *534papers referred to, there remains in the prohate court a perfect history of the proceeding under which the land was sold. Petitioner avers his ownership of the land, claiming under mesne conveyances from the purchaser at the sale ordered, by the court. The wards are now of age and are…
2Cited by2 opinions
- Faussner v. WeverDistrict Court of Appeal of Florida · 1983
- Moore v. BraswellSupreme Court of Alabama · 1922