Legal Opinion

Lowe v. Guice

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 9 opinions

Appeal from Barbour Chancery Court. Heard before John M. McKleroy, Esquire, acting as Special Chancellor. The bill in this cause was filed on the 10th day of February, 1882, by James, Rhoda J. and Mary E. Lowe, the only children and heirs'at law of John Lowe, deceased, the appellants, against the appellee, for the' purpose of vacating and setting aside a sale of lands made by the administrator of their father’s estate under the decree of the Court of Probate of Barbour…

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Appeal from Barbour Chancery Court. Heard before John M. McKleroy, Esquire, acting as Special Chancellor. The bill in this cause was filed on the 10th day of February, 1882, by James, Rhoda J. and Mary E. Lowe, the only children and heirs'at law of John Lowe, deceased, the appellants, against the appellee, for the' purpose of vacating and setting aside a sale of lands made by the administrator of their father’s estate under the decree of the Court of Probate of Barbour county, on the ground that the price bid and paid for the lands was grossly inadequate. The bill shows that James Lowe became…

1Opinion of the Court

BRICKELL, O. J.

The purpose of the bill is the vacation of a sale of 'lands, made under an order of the court of probate, reported to, and confirmed by the court, and the purchaser let into possession more than thirteen years before the bill was filed. 'The jurisdiction of the court to order the sale, and to decree its •confirmation, is apparent, and is not assailed. Fraud is not imputed to the administrator, or to the purchaser, in making the •sale, in the report thereof to the court of probate, or in obtaining the decree of confirmation. The whole gravamen of the complaint is, that ■ the…

2Cases cited5 opinions

  1. Waring v. LewisSupreme Court of Alabama · 1875
  2. Hutton v. WilliamsSupreme Court of Alabama · 1860
  3. Littell v. ZuntzSupreme Court of Alabama · 1841
  4. Otis v. DarganSupreme Court of Alabama · 1875
  5. Fore v. McKenzieSupreme Court of Alabama · 1877

3Cited by9 opinions

  1. Evans v. EvansSupreme Court of Alabama · 1917
  2. Hurt Building Inc. v. Atlanta Trust Co.Supreme Court of Georgia · 1935
  3. McCarthy v. McCarthySupreme Court of Alabama · 1883
  4. Martin v. JonesSupreme Court of Alabama · 1958
  5. Roy v. O'NeillSupreme Court of Alabama · 1910

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