Avery's Administrator v. Avery's Heirs
Supreme Court of Alabama
Appeal from tbe "Probate Court of Chambers. Tried before Hon. John Appleby. Tbe facts are sufficiently stated in tbe opinion.
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Appeal from tbe "Probate Court of Chambers. Tried before Hon. John Appleby. Tbe facts are sufficiently stated in tbe opinion. Tbe appellant relies on section 2221 of tbe Revised Code, and Costly v. Tarver, 38 Ala. 107; Pettit v. Pettit, 32 Ala. 288; Johnson v. Collins, 12 Ala. 322; Broome v. Monde, 10 Aa. 607; Bhem v. Tull, 13 Iredell, 57; Budcmaster v. Hairob, 7 Yesey, 342. If tbe court erred in anything, it was in not visiting tbe petitioner’s demurrer to defendant’s answers to petition back on tbe petition, and dismissing tbe petition for tbe want of an averment of tbe necessity to sell…
1Opinion of the Court
PETERS, <7.
This is a proceeding in tbe probate court by an administratrix to cause tbe lands of tbe estate which she is administering to be sold for distribution among the heirs of her intestate. Tbe petition was filed by tbe administratrix on tbe 24th day of September, 1868, m tbe probate court of Chambers county, in this State. It shows that tbe petitioner is tbe administratrix of tbe estate of Benjamin B. Avery, deceased, and that said decedent died seized and possessed in bis own right of tbe lands sought to be sold, and that said, lands are descendable to bis heirs. Tbe lands are…
2Cases cited10 opinions
- Marshall v. Crow's Adm'rSupreme Court of Alabama · 1856
- Deloney v. WalkerSupreme Court of Alabama · 1839
- Anderson v. McGowanSupreme Court of Alabama · 1868
- Patton v. CrowSupreme Court of Alabama · 1855
- Perryman v. GreerSupreme Court of Alabama · 1863
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3Cited by2 opinions
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