Garner v. Toney
Supreme Court of Alabama
Appeal from the Probate Court of Jackson. Tried before the Hon. William B. Bridges. _ Oh the 20th day of November, 1893, the appellee, James A. Toney, as the administrator of the estate of Celia Berry-, deceased, filed a petition in the probate court of Jackson county, asking for an order from said court to sell certain described lands for the payment of the debts of the estate of Oelia Berry.
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Appeal from the Probate Court of Jackson. Tried before the Hon. William B. Bridges. _ Oh the 20th day of November, 1893, the appellee, James A. Toney, as the administrator of the estate of Celia Berry-, deceased, filed a petition in the probate court of Jackson county, asking for an order from said court to sell certain described lands for the payment of the debts of the estate of Oelia Berry. This petition alleged, “that the estate of the said Oelia Berry is owing debts to the amount of $300, with interest from December 25, 1882, as per copy of note or bond hereto attached as exhibit A ; and…
1Opinion of the CourtHaralson, J.
Section 2104 of the Code makes the provision, that “in cases of intestacy, lands may be sold by the administrator for the payment of debts, when the personal estate is insufficient therefor.” The jurisdictional facts, in a proceeding of the kind, are that the administrator, in his application to the probate court to sell the lands for such purpose, shall show, that there *354are debts of the intestate to be paid, and that the personal estate which he left is insufficient to pay them.— Kent v. Mansell, 101 Ala. 334; Smith v. Brannon, 99 Ala. 445; Cotton v. Holloway, 96 Ala. 544; Goodwin v. Sims,…
2Cases cited8 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Cotton v. HollowaySupreme Court of Alabama · 1893
- Davis v. TarverSupreme Court of Alabama · 1880
- Goodwin v. SimsSupreme Court of Alabama · 1888
- Garrett v. BrunerSupreme Court of Alabama · 1877
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3Cited by3 opinions
- Clarke v. PierceMassachusetts Supreme Judicial Court · 1913
- Finch v. SmithSupreme Court of Alabama · 1906
- Curtis v. HuntSupreme Court of Alabama · 1909