Holly v. Bass' Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Crenshaw. Heard before the Hon. H. Austill. The bill in this case was filed on the 16th March, 1877, by James Tell, as the administrator of the estate of Bennett B. Bass, deceased, against John Earner and Alfred Holly; and sought to subject a certain tract of land, in the possession of said Holly, to the payment of the purchase-money due to the estate of Bass.
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Appeal from the Chancery Court of Crenshaw. Heard before the Hon. H. Austill. The bill in this case was filed on the 16th March, 1877, by James Tell, as the administrator of the estate of Bennett B. Bass, deceased, against John Earner and Alfred Holly; and sought to subject a certain tract of land, in the possession of said Holly, to the payment of the purchase-money due to the estate of Bass. According to the allegations of the original bill, Bass sold and conveyed the land to Earner in January, 1860, and placed him in possession, but received no part of the agreed price ($900), and took no…
1Opinion of the CourtStone, J.
The decree in this cause was rendered without personal service on Alfred Holly, the only defendant whose property rights are affected by it. Publication was made as to him, and a decree pro confesso rendered thereon.
The decree orders the sale of lands, as the property of Alfred Holly, and under it certain lands have been sold. The chancellor, in rendering his decree, did not require of complainant, the party interested, a bond conditioned “ to account for the value, rents and profits of any real estate transferred by the operation of such decree; ” and we are not informed such bond was given.…
2Cases cited10 opinions
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Savage v. WalsheSupreme Court of Alabama · 1855
- Henderson v. SublettSupreme Court of Alabama · 1852
- Catlin, Peeples & Co. v. GildersSupreme Court of Alabama · 1842
- McCaskell v. LeeSupreme Court of Alabama · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Rosenau v. PowellSupreme Court of Alabama · 1911
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Southern Home Building & Loan Ass'n v. RiddleSupreme Court of Alabama · 1900
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