Vaughan v. Hudson
Supreme Court of Alabama
Appeal from file Chancery Court of Marengo. Heard before the Hon. Titos. H. Smith. . The bill in this ease was filed by the appellant, V. A. Vaughan, against T. J. Hudson and others.
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Appeal from file Chancery Court of Marengo. Heard before the Hon. Titos. H. Smith. . The bill in this ease was filed by the appellant, V. A. Vaughan, against T. J. Hudson and others. It was averred in the bill that after the death of R. H. Hudson, T. J. Hudson, who was one of the heirs, and as such the owner of an undivided interest in certain specifically described lands, filed a petition in regular and legal form in the probate court of Marengo county, praying for the sale of a certain portion of said lands, formerly owned by R. IT. Hudson; that all the other heirs of R. H. Hudson and…
1Opinion of the CourtTyson, J.
It is clear from an examination of the act approved March 3, 1870, (Acts, 1869-70, p. 390), that it did not confer upon the chancery -courts of this State the jurisdiction to correct mistakes in the description of lands sold by the probate court for partition among joint owners. There was no substantial change in this act in the codification of it in the Code of' 1876. — §§ 3840-41. In the Codes of 1886 and 1896, the language is not only changed, but the scope of the act is enlarged, so as to confer upon chancery courts the jurisdiction to correct all errors, omissions or irregularities which…
2Cases cited2 opinions
- Ganey v. SikesSupreme Court of Alabama · 1884
- Brown v. WilliamsSupreme Court of Alabama · 1888
3Cited by2 opinions
- Johnson v. SandlinSupreme Court of Alabama · 1923
- Jarrell v. Farmers Nat. Bank of OpelikaSupreme Court of Alabama · 1949