Wallace v. Hall's Heirs
Supreme Court of Alabama
’ERROR, to the Circuit Court of Shelby. Tried before the lion. Geo. D. Shortridge. Upon the petition-filed and the court assuming to act upon it, the Orphans’ Court accpiired jurisdiction, and its proceedings, no matter how irregular, cannot be collaterally impeached while they remain unreversed —Wyman y.
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’ERROR, to the Circuit Court of Shelby. Tried before the lion. Geo. D. Shortridge. Upon the petition-filed and the court assuming to act upon it, the Orphans’ Court accpiired jurisdiction, and its proceedings, no matter how irregular, cannot be collaterally impeached while they remain unreversed —Wyman y. Campbell, 6 Por. 219; Duval v. McLosky, 1 Ala. 708-; Calhoun v. McCarlny, 11 ib. 110. This is a sale by the court and not by the commissioners, and the testuf the correctness of such sales is not the action of the commissioners, hut the ratification of the sale by the court.-— Jennings &…
1Opinion of the CourtDargan, C. J.
The ¡daintiffs in the court below claimed •, title to the land in controversy as the heirs at law of Glover Hal], . deceased, and the defendant claimed to have acquired the title by virtue of a sale directed to be .made by a decree of the Orphans’ Court of Shelby, which was rendered upon the petition ..of John Singleton, the administrator of,.the decedent, Hall, ,'f he only question, therefore, in reference to the titles, is, whetli- . ,er the proceedings of the Orphans’ Court, and the sale under ;.them, divested the.title .of .the,.plaintiffs as heirs at law. The ^petition.of the…
2Cases cited2 opinions
- Inge v. MurphySupreme Court of Alabama · 1848
- Lightfoot v. Doe, on the Demise of the Heirs of LewisSupreme Court of Alabama · 1840
3Cited by24 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Bland v. BowieSupreme Court of Alabama · 1875
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Hunt v. AcreSupreme Court of Alabama · 1856
- Reeves v. BrooksSupreme Court of Alabama · 1885
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