Alford v. Alford
Supreme Court of Alabama
Appeal from tlie Probate Court of Etowab. Heard before- the Hon. JAMES A. Tallmak. On tlie 17th day of July, 1889, a petition was filed in said court by James E. Alford, as administrator of the estate of Jefferson Alford, deceased, asking an order to sell lands for tlie payment of debts. Tlie petition was in due form, and made the widow and lieirs of said decedent parties defendant.
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Appeal from tlie Probate Court of Etowab. Heard before- the Hon. JAMES A. Tallmak. On tlie 17th day of July, 1889, a petition was filed in said court by James E. Alford, as administrator of the estate of Jefferson Alford, deceased, asking an order to sell lands for tlie payment of debts. Tlie petition was in due form, and made the widow and lieirs of said decedent parties defendant. The application was contested by several of the heirs, who filed answers denying tlie allegations of the petition, and “especially that decedent was seized and possessed of said lands at his death, or that there…
1Opinion of the CourtWalker, J.
In cases of intestacy, the written application of the administrator for the sale of lands for the pay*387ment of debts must contain: 1st, an accurate description of tbe lands; 2d, tbe names of tbe beirs, tbeir places of residence, and a statement wbetber any, and which of them are under tbe age of twenty-one years, or of unsound mind, or are married women; 3d, averments showing tbe insufficiency of tbe personal property to pay debts, and, 4th, that tbe estate of tlie deceased owes debts to a certain or an estimated amount. — Code, §§ 2104 and 2106; 3 Brick. Digest, p. 466, §§ 170 et seq. On tbe…
2Cases cited2 opinions
- Quarles v. CampbellSupreme Court of Alabama · 1882
- Garrett v. BrunerSupreme Court of Alabama · 1877
3Cited by7 opinions
- Schofield v. Cleveland Trust Co.Ohio Supreme Court · 1939
- Miller v. MayerSupreme Court of Alabama · 1899
- Love v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1934
- Curtis v. HuntSupreme Court of Alabama · 1909
- Poole v. DaughdrillSupreme Court of Alabama · 1900
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