Little v. Marx
Supreme Court of Alabama
Appeal from Marengo Probate Court. Heard before Hon. A. L. Hasty. Proceedings by J. Marx as administrator of the estate of Aaron Little for the sale of lands to pay the debts of the estate. The heirs were made parties and contested the petition, alleging among other things that the petition did not properly or sufficiently describe the land sought to be sold and that the estate did not owe any debts, or that if it did, personal property was sufficient to pay them.
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Appeal from Marengo Probate Court. Heard before Hon. A. L. Hasty. Proceedings by J. Marx as administrator of the estate of Aaron Little for the sale of lands to pay the debts of the estate. The heirs were made parties and contested the petition, alleging among other things that the petition did not properly or sufficiently describe the land sought to be sold and that the estate did not owe any debts, or that if it did, personal property was sufficient to pay them. The other facts appear in the opinion of the court. The land is not so described in the petition as to be intelligible.— Koregay,…
1Opinion of the CourtAnderson, J.
Section 158 of the Code of 1896 provides that the application for the sale of lands, among other things, must describe the land accurately. The application in the case at bar describes certain lands Iw metes and bounds, all of which it seeks to sell, “except 150 acres thereof deeded by Aaron Little to Ann Little on February 20, 1893,” but makes no pretense of describing or identifying the land so deeded. The purpose of the statute is to require such a description of the land *623in the application that a decree can he rendered thereon that will he so exact and accurate that a purchaser at a sale…
2Cases cited9 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
- Cotton v. HollowaySupreme Court of Alabama · 1893
- Beall v. Folmar, Sons & Co.Supreme Court of Alabama · 1898
- Kornegay v. MayerSupreme Court of Alabama · 1902
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