Hurt v. Nave's Administrator
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. M. J. SAEEOLD. This was a motion by Powhatan Lockett, as the administrator de bonis non of the estate of Jesse B. Nave, deceased, to set aside a sale of certain lands belonging to said estate, which had been made by the sheriff of said county under execution from said Circuit Court.
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Appeal from the Circuit Court of Perry. Tried before the Hon. M. J. SAEEOLD. This was a motion by Powhatan Lockett, as the administrator de bonis non of the estate of Jesse B. Nave, deceased, to set aside a sale of certain lands belonging to said estate, which had been made by the sheriff of said county under execution from said Circuit Court. The sale was made on the 1st Monday in March, 1869. The motion to set it aside was made at the September Term of the court, 1870. Peter T. Hurt, the purchaser at the sale, and H. A. Torbett, who was the administrator of said Nave’s estate at the time of…
1Opinion of the CourtPeters, C. J.
— This is an appeal from a judgment of the Circuit Court of Perry County, setting aside a sheriff’s sale, on motion in that court, made by the administrator de bonis non, against the purchaser and the administrator in chief, on the grounds of irregularity and fraud. The cause was submitted to the court, on the trial below, without a jury; and the judgment was for the plaintiff in the motion, on the evidence set out in the bill of exceptions, which is sent up as a part of the record. The question, then, is, Did the court err in the law, or in the estimate of the preponderance of the evidence ?…
2Cases cited1 opinion
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