Field's Heirs v. Goldsby
Supreme Court of Alabama
Erroe from the Circuit Court of Dallas. Tried before the Hon. Nat, Cook. This action was brought by the plaintiffs in error, as heirs-at-law of Hume R. Field, deceased, against Thornton B. Goldsby, “ as well to try titles, as to recover damages for the detention, use and occupation of the south-west quarter of section eleven, in township seventeen, range eight, in the district of lands subject to sale at Cahaba”, and lying in Dallas county.
Read the full summary
Erroe from the Circuit Court of Dallas. Tried before the Hon. Nat, Cook. This action was brought by the plaintiffs in error, as heirs-at-law of Hume R. Field, deceased, against Thornton B. Goldsby, “ as well to try titles, as to recover damages for the detention, use and occupation of the south-west quarter of section eleven, in township seventeen, range eight, in the district of lands subject to sale at Cahaba”, and lying in Dallas county. The action was commenced in the spring of 1846, and the trial was had in November, 1852, The only plea was the general issue. On the trial, as the bill of…
1Opinion of the CourtG-Oldthwaite, C. J.
The principal objection which has been urged against the proceedings in the orphans’ court, is, that the petition filed by the administrator does not particularly set forth the heirs who are of full age, which, it is insisted, is a jurisdictional fact essential to the exercise of the power to decree a sale of lands under the act of 1822, (Clay's Digest, 224, § 16,) when the sale is necessary to be made in order to make an equal division among the heirs.
In the case of Duval v. McLosky, 1 Ala. 708, an attempt was made collaterally to impeach the proceedings of the orphans’ court, directing a…
2Cases cited5 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
- Duval's Heirs v. P. & M. BankSupreme Court of Alabama · 1846
- Jennings v. Administrators of JenkinsSupreme Court of Alabama · 1846
- Heirs of Bishop v. HamptonSupreme Court of Alabama · 1849
3Cited by23 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- Miller v. ThompsonSupreme Court of Alabama · 1923
- Friedman & Loveman v. ShamblinSupreme Court of Alabama · 1897
18 more not listed; retrieve them via the Exa API.