Smitha v. Flournoy's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Barbour. Heard before the Hon. H. C. Russell. The facts of this case are thus stated in the opinion of the court, as delivered by Mr. Justice Peters.
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Appeal from the Probate Court of Barbour. Heard before the Hon. H. C. Russell. The facts of this case are thus stated in the opinion of the court, as delivered by Mr. Justice Peters. “ The facts upon which this cause was determined in the court below, are briefly these : On the 7th day of October, 1859, the personal representatives of the estate of Thomas Flournoy, deceased, filed their application in the court of probate of Barbour county, in this State, for an oi'der of sale of the real and personal property of said deceased for the payment of Ms debts. The allegations of the petition are…
1Opinion of the CourtPetees, J.
This proceeding involves but one question of importance. That is this : Are the allegations of the petition for the order of sale for said lands sufficient to give the court of probate jurisdiction in the case made in the application; or, in other words, does the petition make any case at all?
This must depend on the construction of the statute under authority of which the proceedings in the court of probate were conducted. This statute is the Code of Alabama, as amended and altered by the act of the general assembly of this State, entitled “ An act to regulate the sale of real and personal…
2Cases cited5 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Williamson v. BerrySupreme Court of the United States · 1850
- Comstock v. CrawfordSupreme Court of the United States · 1866
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- Hawkins v. HudsonSupreme Court of Alabama · 1871
3Cited by9 opinions
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- Kellar v. StateWisconsin Supreme Court · 1921
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