McDonald v. Berry
Supreme Court of Alabama
Appeal from the Probate Court of Marshall. Heard before the Hon. Tiros. A. Street. In the matter of the estate of James Berry, deceased, on the application of A. J. McDonald, as administrator de bonisnon, for an order to sell lands for the payment of debts. On the hearing, the court refused to grant an order of sale, and dismissed the petition; and this decree is here assigned as. error. The opinion states all the material facts.
1Opinion of the Court
STONE, O. J.
On September 1, 1865, James Berry executed his bond, or note under seal, payable one day after date, to P. Kilfoyle & Sons, for the sum of one hundred and forty-two dollars and fifty-one cents. On November 25,1873, James Berry died, being a resident of Marshall county, and owning one hundred and sixty acres of land therein, on which he resided ; the land being worth less than two thousand dollars. He left a widow and children surviving him, some of the latter being under age. Having made a will, the same was probated; and on January 12,1874, administration of his estate, with the…
2Cases cited17 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Ex parte HardySupreme Court of Alabama · 1880
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Cochran v. MillerSupreme Court of Alabama · 1883
- Keel v. LarkinSupreme Court of Alabama · 1882
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3Cited by4 opinions
- O'Daniel v. GaynorSupreme Court of Alabama · 1907
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Singo v. FritzSupreme Court of Alabama · 1910
- Snell v. RoachSupreme Court of Alabama · 1907