King v. Kent's Heirs
Supreme Court of Alabama
Appear. from the- Circuit Court of Perry.. Tried before the Hon. Geo. D. Shortridge. This action was brought by the appellees, as heirs-at-law of Robert E. Kent, deceased, against Edwin W. King, to recover certain lands, of which said Robert E. Kent, at the time of his death in 1840, was seized and possessed, and which were afterwards sold under an order of the orphans’ court of Perry, and purchased by one E. E. King, under whom the defendant claimed.
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Appear. from the- Circuit Court of Perry.. Tried before the Hon. Geo. D. Shortridge. This action was brought by the appellees, as heirs-at-law of Robert E. Kent, deceased, against Edwin W. King, to recover certain lands, of which said Robert E. Kent, at the time of his death in 1840, was seized and possessed, and which were afterwards sold under an order of the orphans’ court of Perry, and purchased by one E. E. King, under whom the defendant claimed. A transcript from the records of the orphans’ court, showing the proceedings connected with the sale, was offered in evidence by the defendant;…
1Opinion of the CourtWalker, J.
In determining upon the validity of the decree of the orphans’ court, when collaterally assailed, it is only necessary to inquire whether the court had jurisdiction of the subject-matter ; for the proceeding is in rem, and no mere irregularities can render it void. — Wyman v. Campbell, 6 Porter, 219 ; Couch v. Robinson, ib. 262 ; Lightfoot v. Lewis, 1 Ala. 475 ; Duval’s Heirs v. McLosky, 1 Ala. 708 ; Perkins v. Winter, 7 ib. 855 ; Duval’s Heirs v. P. & M. Bank, 10 ib. 636 ; Field’s Heirs v. Goldsby, 28 ib. 218 ; Doe, ex dem. Saltonstall, v. Riley, 28 ib. 164; Pearson and Wife v. Hearin, at…
2Cases cited10 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- Owings v. HullSupreme Court of the United States · 1835
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Salomon v. StateSupreme Court of Alabama · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Martin v. MartinSupreme Court of Alabama · 1911
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- Bernstein v. HumesSupreme Court of Alabama · 1877
42 more not listed; retrieve them via the Exa API.