Kent v. Mansel
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was a statutory action of ejectment, brought by the appellants, against the appellees on April 21, 1890. The cause was tried upon an agreed statement of facts, from which it appeared that the plaintiffs were the heirs-at-law of Randolph Kent, who died intestate, and that the defendants were the children and grand-children of William M. Mansel, deceased, and Elizabeth Mansel, deceased, to…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was a statutory action of ejectment, brought by the appellants, against the appellees on April 21, 1890. The cause was tried upon an agreed statement of facts, from which it appeared that the plaintiffs were the heirs-at-law of Randolph Kent, who died intestate, and that the defendants were the children and grand-children of William M. Mansel, deceased, and Elizabeth Mansel, deceased, to whom dower right was assigned as the widow of said William M. Mansel, and that the lands sued for in this action were…
1Opinion of the CourtHaralson, J.
—Under Abernathy v. O’Rielly, 90 Ala. 495, 7 So. Rep. 919, the petition in this case would be insufficient to support the sale ; but, that case has been overruled, and we have since held the same averments, in other petitions, to be sufficient. — Cotton v. Holloway, 96 Ala. 544, and Smith v. Brannon, 99 Ala. 445.
Section 2111 (2455) of the Code provides, in cases for the sale of lands for the payment of the, debts of an intestate, that “the applicant must show to the court, that the personal property of the estate is insufficient for the payment of debts ; and such proof must be made by the…
2Cases cited8 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Garrett v. StateSupreme Court of Alabama · 1884
- Cotton v. HollowaySupreme Court of Alabama · 1893
- Goodwin v. SimsSupreme Court of Alabama · 1888
- Stevenson v. MurraySupreme Court of Alabama · 1888
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3Cited by5 opinions
- Friedman & Loveman v. ShamblinSupreme Court of Alabama · 1897
- Warrior River Coal & Land Co. v. Alabama State Land Co.Supreme Court of Alabama · 1907
- Moore v. CottinghamSupreme Court of Alabama · 1896
- Garner v. ToneySupreme Court of Alabama · 1894
- Cobb v. GarnerSupreme Court of Alabama · 1894