Gardner v. Kelso
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before Hon. Jno. A. Foster. This was a bill filed by Andrew IT. Gardner, as administrator de bonis non, with the will annexed, of Garland T. Gardner, deceased, against R. U. Kelso and Yirgil IT.
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Appeal from the Chancery Court of Dallas. Heard before Hon. Jno. A. Foster. This was a bill filed by Andrew IT. Gardner, as administrator de bonis non, with the will annexed, of Garland T. Gardner, deceased, against R. U. Kelso and Yirgil IT. Gardner, and prayed the sale of certain lands which said defendants had purchased from the estate of said Garland T. Gardner, but for which they had not paid, and against which a vendor’s lien for unpaid purchase-money was sought to be enforced. The bill alleges that the lands in question had. been sold by order of the Probate Court for distribution, and…
1Opinion of the CourtStone, C. J.
Lands of which Garland T. Gardner . died seized, were sold for distribution under decree of the Probate Court. The sale was on a credit of one, two, and three years, maturing in 1861, 1862 and 1863. Yirgil II. Gardner, one of the executors of Garland T. Gardner’s will, together with another, became the purchasers, each being heir to the testator. By subsequent arrangement between the purchasers, Yirgil II. Gardner became sole purchaser, and assumed the payment of *500the entire purchase-money. The sale was reported and confirmed, and no question is raised on the regularity of the proceedings up…
2Cases cited10 opinions
- McGehee v. StateSupreme Court of Alabama · 1875
- Blackwell's Adm'r v. Blackwell's DistributeesSupreme Court of Alabama · 1858
- Dooley v. VillalongaSupreme Court of Alabama · 1878
- Cruikshank v. LuttrellSupreme Court of Alabama · 1880
- Bell v. HallSupreme Court of Alabama · 1884
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3Cited by9 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
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- Cook v. CastleberrySupreme Court of Alabama · 1937
- Caffee v. ThompsonSupreme Court of Alabama · 1955
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