McCreary v. Billing
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Safeold Bebney. Bill by Samuel E. McCreary and others against Mollie Billing and others, for a sale of land and reinvestment of funds, and to fix the reversionary interest of the minors therein. From a decree sustaining demurrers to the hill complainants appeal.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Safeold Bebney. Bill by Samuel E. McCreary and others against Mollie Billing and others, for a sale of land and reinvestment of funds, and to fix the reversionary interest of the minors therein. From a decree sustaining demurrers to the hill complainants appeal. There is no question about the jurisdiction of the court to decree a sale of the real estate of infants either for maintenance and education, or for reinvestment. — Ex parte Jetoett, 16 Ala. 410; Goodman 'o. Winter, 64 Ala. 434; Thorington v. Thorington, 82 Ala. 490;…
1Opinion of the CourtAnderson, J.
“It has long been the settled doctrine in this state that it is within the original jurisdiction of courts of equity to decree the sales of lands of infants, not only for their maintenance and education, or to remove incumbrances, or to satisfy charges resting thereon, but for the investment of the proceeds of sale for the general interest and advantage of the infant. — Ex parte Jewett, 16 Ala. 409; Rivers v. Durr, 46 Ala. 418; Goodman v. Winter, 64 Ala. 410, 38 Am. Rep. 13; Thorington v. Thorington, 82 Ala. 489, 1 South. 716. The exercise of the jurisdiction is not dependent on the nature…
2Cases cited6 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Ex parte JewettSupreme Court of Alabama · 1849
- Rivers v. DurrSupreme Court of Alabama · 1871
- Gassenheimer v. GassenheimerSupreme Court of Alabama · 1895
- John Calder & Co. v. Their CreditorsSupreme Court of Louisiana · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Steele v. CruteSupreme Court of Alabama · 1922
- Anderson v. SteinerSupreme Court of Alabama · 1927
- Crawford v. SolomonMississippi Supreme Court · 1923
- Tolley v. HamiltonSupreme Court of Alabama · 1921
- First Nat. Bank of Oneonta v. RobertsonSupreme Court of Alabama · 1930
11 more not listed; retrieve them via the Exa API.