Gomez v. Gomez
Supreme Court of Alabama
Petition to Gorreot Description of Lands Sold 6y order of Probate Court. Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Rosalie Gomez against Florida Gomez and others, as heirs at law and administrator of Francisco Gomez, deceased. From a judgment sustaining demurrers to the petition, petitioner appeals.
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Petition to Gorreot Description of Lands Sold 6y order of Probate Court. Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Rosalie Gomez against Florida Gomez and others, as heirs at law and administrator of Francisco Gomez, deceased. From a judgment sustaining demurrers to the petition, petitioner appeals. The petittion is as follows: After alleging tbe residence and name of petitioner and defendants, and that they are the only heirs at law of Francisco Gomez, Sr., it is alleged: That Francisco Gomez, Sr., owned in fee simple at the time of his death, among…
1Opinion of the CourtHaralson, J.
Section 184 of the Code of 1896 reads as follows: “Mistake in Description of Lands Sold under Order of Probate Court; How Corrected.— When a mistake has been made in the description of *162lands of a decedent sold in good faith under an order of the probate court, either in the petition, order, or other proceedings, the court ordering the sale has authority, on the written application of the purchaser, or his heirs or personal representatives, or any person' holding under him, verified by affidavit, to correct such mistake. The application must contain a correct description of the lands sold, and…
2Cases cited2 opinions
- Ganey v. SikesSupreme Court of Alabama · 1884
- Ganey v. SikesSupreme Court of Alabama · 1887
3Cited by3 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Jordan v. McClure Lumber Co.Supreme Court of Alabama · 1910
- Joiner v. GloverSupreme Court of Alabama · 1918