Singo v. McGhee
Supreme Court of Alabama
Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Petition by Dorcas Singo against Judy McGehee to have certain real estate set apart as exempt. From decree setting aside a former decree for petitioner, she appeals. On the 2d day of January, 1906, Dorcas Singo filed in the office of the judge of probate of Montgomery county a petition asking that a homestead be set aside to her out of certain property owned by her alleged husband, George Singo.
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Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Petition by Dorcas Singo against Judy McGehee to have certain real estate set apart as exempt. From decree setting aside a former decree for petitioner, she appeals. On the 2d day of January, 1906, Dorcas Singo filed in the office of the judge of probate of Montgomery county a petition asking that a homestead be set aside to her out of certain property owned by her alleged husband, George Singo. On that day an order was made' by the judge appointing two commissioners to set aside the homestead. On February 1st the…
1Opinion of the CourtAnderson, J.
In the case of Cotton v. Holloway, 96 Ala. 544,12 South. 172, the court, in discussing jurisdictional averments in petitions in the probate court, through Thorington, J., very properly said: “This jurisdiction, as has been declared, is derived from the statute. It is special and limited, and only attaches when a petition is filed containing the necessary allegations.” *248It is true, as was also stated iu this case, that, when the jurisdiction has attached by filing proper petition, any subsequent errors or irregularities are unavailing on collateral attack, with the single exception prescribed…
2Cases cited10 opinions
- Earle v. EarleIndiana Supreme Court · 1883
- Burke v. Inter-State Savings & Loan Ass'nMontana Supreme Court · 1901
- Thompson v. McCorkleIndiana Supreme Court · 1893
- Chamblee v. ColeSupreme Court of Alabama · 1900
- Walker v. GoldsmithOregon Supreme Court · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Keenum v. DodsonSupreme Court of Alabama · 1924
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Williams v. OvercastSupreme Court of Alabama · 1934
- Cogburn v. CallierSupreme Court of Alabama · 1925
29 more not listed; retrieve them via the Exa API.