Whitlow v. Echols
Supreme Court of Alabama
Appeal from Macon Circuit Court. Tried before the Hon. J. E. Cobb. ■ This was a statutory real action brought by the'appellees, who are the heirs at law of John H. Echols, to recover certain lands in the possession of appellant. It was proved that John H. Echols died intestate, leaving the plaintiffs as his only heirs at law, and that in his life time he owned an undivided half interest in the lands in question.
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Appeal from Macon Circuit Court. Tried before the Hon. J. E. Cobb. ■ This was a statutory real action brought by the'appellees, who are the heirs at law of John H. Echols, to recover certain lands in the possession of appellant. It was proved that John H. Echols died intestate, leaving the plaintiffs as his only heirs at law, and that in his life time he owned an undivided half interest in the lands in question. In 1876 one Breedlove, as administrator of Echols, John Neal and Eugenia'Chappell filed a petition in the Probate Court, alleging they were the joint’ owners of the property “in the…
1Opinion of the CourtClopton, J.
The plaintiffs’ right to recover depends upon the validity of certain proceedings in the Probate Court for the sale of the lands in controversy, for partition between tenants in common, ffom which the defendant derives and claims title. It is conceded, that the Probate Court, in the matter of the sale of property for partition, is a court of statutory and limited jurisdiction, and that to the validity of its decrees it is essential that every jurisdictional fact shall appear on the face of the proceedings. But when jurisdiction attaches, by the presentation of a sufficient application, all…
2Cases cited12 opinions
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Landford v. DunklinSupreme Court of Alabama · 1882
- Robertson v. BradfordSupreme Court of Alabama · 1881
- Walthall v. GoreeSupreme Court of Alabama · 1860
- Wright's Heirs v. WareSupreme Court of Alabama · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Martin v. MartinSupreme Court of Alabama · 1911
- Gill v. MoreSupreme Court of Alabama · 1917
- Wolffe v. LoebSupreme Court of Alabama · 1893
- Snead v. LeeSupreme Court of Alabama · 1928
- Jones v. Woodstock Iron Co.Supreme Court of Alabama · 1891
25 more not listed; retrieve them via the Exa API.