Legal Opinion

Carter v. Waugh

Supreme Court of Alabama

Decided January 15, 1868PublishedCited by 6 opinions

Appeal from the Probate Court of Montgomery county. This was a petition, by John C. Carter, to the probate court of Montgomery county, praying the court to set aside and declare void a decree or order of said court, previously made, for the sale of the lands belonging to the estate of John Beasley, deceased, on the petition of Frances C. Beasley, widow and administratrix of said John Beasley, deceased, who afterwards intermarried with James L. Waugh.

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Appeal from the Probate Court of Montgomery county. This was a petition, by John C. Carter, to the probate court of Montgomery county, praying the court to set aside and declare void a decree or order of said court, previously made, for the sale of the lands belonging to the estate of John Beasley, deceased, on the petition of Frances C. Beasley, widow and administratrix of said John Beasley, deceased, who afterwards intermarried with James L. Waugh. The petition of the said administratrix for the sale of the lands, is as follows : “ The State oe Alabama, Montgomery County. To the Honorable…

1Opinion of the CourtByrd, J.

1. The order of sale is not void, if Satcher v. Kirkland, Adm'r, 14 Ala. 26, is to stand as authority» It has been on several occasions cited and re-affirmed, and is now again recognized.

It is true, that the depositions appear upon their face to have been irregularly and imperfectly taken and returned to the court of probate, but this does not render the order of sale void. Besides, the order of sale judicially ascertains every matter necessary to show their regularity as against an attack of the kind made in this case.

2. I do not think the petition of appellant and exhibits, show a case…

2Cases cited1 opinion

  1. Renfro v. HeardSupreme Court of Alabama · 1848

3Cited by6 opinions

  1. Pettus v. McClannahanSupreme Court of Alabama · 1875
  2. Deans v. WilcoxonSupreme Court of Florida · 1889
  3. In Re Guardianship of JacksonSupreme Court of Oklahoma · 1921
  4. Jackson v. PorterSupreme Court of Oklahoma · 1921
  5. In Re JohnsonSupreme Court of Oklahoma · 1919

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