Garrett v. Garrett's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Lowndes. In the matter of the appliéation of J. L. Hinson, as the administrator de bonis non of the estate of Charity Garrett, deceased, for an order to sell lands for the payment of debts; which application was contested by Caswell Garrett and others, devisees and heirs of said decedent. The court granted the order of sale as prayed, and its decree is here assigned as error.
1Opinion of the CourtBrickell, C. J.
This was an application to the Court of Probate, by an administrator with the will annexed, for an order to sell lands of the testatrix, for the payment of debts. The application was contested by the devisee of the lands ; and the material questions, shown by the bill of exceptions, are of fact — whether any debts existed against the testatrix, and the insufficiency of personal assets to satisfy them. The Court of Probate, on the evidence adduced, which was partly by deposition, and partly oral, adjudged the existence of debts, and the insufficiency of personal assets, and ordered a sale of…
2Cases cited2 opinions
- Heirs of Bond v. SmithSupreme Court of Alabama · 1841
- Brandon v. CabinessSupreme Court of Alabama · 1846
3Cited by15 opinions
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Taylor v. CrookSupreme Court of Alabama · 1902
- Homestead Mining Co. v. ReynoldsSupreme Court of Colorado · 1902
- Acton v. Board of CommissionersSupreme Court of Alabama · 1968
- Ex Parte ActonSupreme Court of Alabama · 1968
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