Doe ex dem. Hamilton v. Hardy
Supreme Court of Alabama
Appeal from Circuit Court of Elmore. Tried before Hon. J. Q. Smith. Tbis was an action of ejectment brought by appellants against the appellee. Appellants are the only heirs of Daniel Hamilton, who at the time of his death in 1860 was seised and possessed of the lands sued for.
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Appeal from Circuit Court of Elmore. Tried before Hon. J. Q. Smith. Tbis was an action of ejectment brought by appellants against the appellee. Appellants are the only heirs of Daniel Hamilton, who at the time of his death in 1860 was seised and possessed of the lands sued for. T. T. Wall was appointed administrator, and on the 25th June, 1860, he filed his petition in the probate court to sell the lands, describing them simply by section, township, and range, without stating in what county or land district they were situate or otherwise identifying them, and the order of sale follows the…
1Opinion of the CourtBrickell, C. J.
The jurisdiction of a court of probate to decree a sale of lands descended to heirs is statutory. It is in rem, not in personam, attaching whenever an application is made by a proper party disclosing the existence' of facts authorizing the decree. Jurisdiction having attached, errors or irregularities intervening in the course of the proceeding do not affect the validity of the decree, when collaterally assailed. The decisions on this point are numerous, and too well known and recognized by the profession, to require a citation of them.
There are doubtless errors and irregularities in the…
2Cases cited6 opinions
- Wallace v. Hall's HeirsSupreme Court of Alabama · 1851
- Cummings v. McCulloughSupreme Court of Alabama · 1843
- Lightfoot v. Doe, on the Demise of the Heirs of LewisSupreme Court of Alabama · 1840
- Bonner v. Greenlee's HeirsSupreme Court of Alabama · 1844
- Smitha v. Flournoy's Adm'rSupreme Court of Alabama · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
- Landford v. DunklinSupreme Court of Alabama · 1882
- Reddick v. LongSupreme Court of Alabama · 1899
- McCully v. ChapmanSupreme Court of Alabama · 1877
- Cruikshank v. LuttrellSupreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.