Abernathy v. O'Reilly
Supreme Court of Alabama
Appeal from the Probate Court of Madison. Heard before the Hon. Thos. J. Taylor. The record in this case shows that, on the 11th March, 1889, a petition was filed in said court by James P. O’Keilly, as administrator of the estate of Susan K. Denty, deceased, asking an order to sell lands for the payment o± debts; that the court granted, the order of sale as prayed, on the 24th April, 1889, after statutory notice to the heirs; that the administrator reported the sale on May…
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Appeal from the Probate Court of Madison. Heard before the Hon. Thos. J. Taylor. The record in this case shows that, on the 11th March, 1889, a petition was filed in said court by James P. O’Keilly, as administrator of the estate of Susan K. Denty, deceased, asking an order to sell lands for the payment o± debts; that the court granted, the order of sale as prayed, on the 24th April, 1889, after statutory notice to the heirs; that the administrator reported the sale on May 20th, 1889, and asked an order of confirmation ; that on the 11th June, 1889, a petition was filed in the court by Mrs.…
1Opinion of the Court
STONE, O. J;
The present proceeding originated in a petition filed by O’Reilly, the administrator, for an order to sell real estate to pay the debts of Susan Denty, his intestate. Code of 1886, §§2104, et seg. The averment of the petition is, “ that the personal property of the estate of said decedent is insufficient to pay the debts of the said estate,” without any *497averment that there were debts, or the amount of them. The existence of a debt is a fundamental condition of the jurisdiction of the Probate Court to grant such order of sale.—Owens v. Childs, 58 Ala. 113. Without such averment the…
2Cases cited17 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Robertson v. BradfordSupreme Court of Alabama · 1882
- Lyons v. HamnerSupreme Court of Alabama · 1887
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3Cited by5 opinions
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