Blount County Bank v. Barnes

Section 5419 of the Code of 1907 provided that:

"Courts of probate have, in the cases defined by law, original jurisdiction of: * * * (5) The sale and disposition of the real and personal property belonging to, and the distribution of intestates' estates."

Under this statute the probate court was held to be purely statutory and limited, and, in order to invoke its jurisdiction, it was necessary to make the allegations required by statute, failing in which the action of the court was of no effect. Sermon v. Black, 79 Ala. 507; Howell v. Hughes,168 Ala. 460, 53 So. 105.

Had the law remained as it…