Bland v. Bowie
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. M. J. Saffold. Appellee, M. L. Bowie, as administrator de bonis non, &c., of the estate of John P. Boyd, deceased, brought this action on the 29th day of January 1873, on a promissory note made by Elza Bland and others, the appellants, for a part of the purchase money of a tract of land sold by W. H. Griffin, as the administrator of John P. Boyd, deceased, under an order of the probate court of Dallas county.
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Appeal from Circuit Court of Dallas. Tried before Hon. M. J. Saffold. Appellee, M. L. Bowie, as administrator de bonis non, &c., of the estate of John P. Boyd, deceased, brought this action on the 29th day of January 1873, on a promissory note made by Elza Bland and others, the appellants, for a part of the purchase money of a tract of land sold by W. H. Griffin, as the administrator of John P. Boyd, deceased, under an order of the probate court of Dallas county. A trial was had, on written agreement of counsel, “on the general issue, with leave to give in evidence any matter which could be…
1Opinion of the CourtBrickell, C. J.
Since the decision in Wyman v. Campbell, 6 Port. 219, it has been the uniform course of decision in this court, that a proceeding in the court of probate, for the sale of the lands of a decedent, is in rem against the land, and not in personam, against the heir or devisee. Jurisdiction of the thing, not of the person, is the element imparting validity to the proceeding. The jurisdiction is put in full exercise, when a petition is filed in the proper court, by a proper party, disclosing any of the grounds of sale expressed in the statute. See authorities collected in 1 Brick. Dig. 939, §…
2Cases cited21 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- McCurry v. HooperSupreme Court of Alabama · 1848
16 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Shorter v. FrazerSupreme Court of Alabama · 1879
35 more not listed; retrieve them via the Exa API.