McCain's adm'x v. McCain's distributees
Supreme Court of Alabama
Error to the Orphans’ Court of Sumter. This was an application to the orphans’ court of Sumter, .for a citation to the plaintiffs in error, to show cause, why she should not expose to sale a quarter section of land, the property of her intestate, pursuant to an order of court which she had obtained for that purpose.
Read the full summary
Error to the Orphans’ Court of Sumter. This was an application to the orphans’ court of Sumter, .for a citation to the plaintiffs in error, to show cause, why she should not expose to sale a quarter section of land, the property of her intestate, pursuant to an order of court which she had obtained for that purpose. The administratrix appeared, and for an answer to the citation, filed her plea, setting forth, that the land had been sold to the deceased in his life time, by one McCann, who afterwards died intestate. That no part of the purchase money had been paid by the deceased during his.…
1Opinion of the CourtOrmond, J.
•.Our statutes, authorize the representative of a deceased person, to apply to the orphans’ court for the sale of his land, either for the purpose of paying debts, or making more equal distribution among the heirs. The record does not disclose upon what ground the order of sale made in this case, was obtained, but it is admitted to have been for the purpose of distribution among the heirs.
We are not prepared to say, whether such an order as this is compulsory upon the personal representative, and whether even after it has been obtained, he may not for good cause refuse to proceed with the…
2Cases cited1 opinion
- Deloney v. WalkerSupreme Court of Alabama · 1839
3Cited by10 opinions
- Whorton v. MoragneSupreme Court of Alabama · 1878
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- McKay v. BroadSupreme Court of Alabama · 1881
- Jones v. Woodstock Iron Co.Supreme Court of Alabama · 1891
- Rice v. DrennenSupreme Court of Alabama · 1883
5 more not listed; retrieve them via the Exa API.