Johnson v. Johnson's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Henry. In the matter of the «estate of Sarah M. Johnson, deceased, on the application of John D. Johnson and Charles E. Johnson to set aside an order for the sale of the real estate.
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Appeal from the Probate Court of Henry. In the matter of the «estate of Sarah M. Johnson, deceased, on the application of John D. Johnson and Charles E. Johnson to set aside an order for the sale of the real estate. The petition was filed on the 26th March, 1866 and sought to set aside and vacate the order of sale on the following grounds : “1st, because said lands are not accurately described in the administrator’s application to sell the same; 2d, because the ages of the heirs-at-law are not stated in said application; 3d, because the residence of the heirs-at-law is not stated in said…
1Opinion of the CourtByrd, J.
Upon legal principle and decisions of this court, a court which has made a final order or decree, which, on the face of the proceedings, is absolutely void, should vacate it whenever its attention is called thereto by an appropriate application for that purpose. — Stickney v. *252Davis, 17 Pick. 160; Mobley v. Mobley, 9 Geo. 247; Acre v. Ross, 3 Stew. 288; Ex parte Sanford, 5 Ala. 562; Hood et al. v. Br. Bank Mobile, 9 Ala. 336; Moore v. Easley, 18 Ala. 620; Thomas v. Dumas, 30 Ala. 84.
1. We are satisfied that, in this case, the order of sale, on the face of. the proceedings, and the sale…
2Cases cited8 opinions
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Dicks v. HatchSupreme Court of Iowa · 1860
- Roy v. SegristSupreme Court of Alabama · 1851
- Lovett v. ChisolmSupreme Court of Alabama · 1857
- Kidd v. McMillanSupreme Court of Alabama · 1852
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3Cited by20 opinions
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- Griffin v. ProctorSupreme Court of Alabama · 1943
- Gill v. MoreSupreme Court of Alabama · 1917
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Robinson Co. v. BeckSupreme Court of Alabama · 1954
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