Legal Opinion

Brown v. Williams

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 3 opinions

Appeal from the Probate Court of Pike. Heard before the Hon. W. J. Hilliard. In the matter of the application of Jonathan Williams, for the correction of a mistake in the description of lands sold under a probate decree in 1871, as contained in the petition and order of sale.

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Appeal from the Probate Court of Pike. Heard before the Hon. W. J. Hilliard. In the matter of the application of Jonathan Williams, for the correction of a mistake in the description of lands sold under a probate decree in 1871, as contained in the petition and order of sale. The lands had belonged to W. A. Carpenter, deceased, and were sold on the petition of his administrator, alleging (1) a deficiency of personal assets to pay debts, and (2) that the lands could not be equally divided without a sale. The petition for the correction of the mistake in the description of the lands was filed…

1Opinion of the CourtSomerville, J.

The present application is made to the Probate Court, under the provisions of section 2129 of the Code of 1886, for the purpose of correcting a mistake in the description of certain lands sold under order of the court, in the year 1871, at an administrator’s sale. The lands were erroneously described as lying in section 36, township 9, range 23. The correct description sought to be made places them in section 6, township 8, range 23. The application is made by one holding under the purchaser at the sale, is verified by affidavit, and alleges substantially all the facts required by the…

2Cases cited6 opinions

  1. Nabers' Adm'r v. MeredithSupreme Court of Alabama · 1880
  2. Robertson v. BradfordSupreme Court of Alabama · 1882
  3. Gardner v. MooreSupreme Court of Alabama · 1883
  4. Harold Bros. & Scott v. WeaverSupreme Court of Alabama · 1882
  5. Styers v. RobbinsIndiana Supreme Court · 1881

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Woodlawn Realty & Development Co. v. HawkinsSupreme Court of Alabama · 1914
  2. Ward v. MathewsSupreme Court of Alabama · 1898
  3. Vaughan v. HudsonSupreme Court of Alabama · 1900

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