Montgomery v. Gordon
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. James Q. - Smith. This action was brought by Mrs. Mary O. Gordon, the wife of Z. P. Gordon, against William Montgomery, who was her brother; and was commenced on the 23d September, 1872. The plaintiff and defendant were children and heirs-at-law of William Montgomery, sen., deceased.
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Appeal from the Circuit Court of Autauga. Tried before the Hon. James Q. - Smith. This action was brought by Mrs. Mary O. Gordon, the wife of Z. P. Gordon, against William Montgomery, who was her brother; and was commenced on the 23d September, 1872. The plaintiff and defendant were children and heirs-at-law of William Montgomery, sen., deceased. The action was brought to recover the sum of $101, with interest, which was decreed by the commissioners appointed by the probate court to make a partition, or-division, of the real estate belonging to said decedent, among his heirs-at-law, to be…
1Opinion of the CourtBbickell, J.
Under the statutes prior to the Code, it was repeatedly adjudged by this court, that commissioners, appointed by the orphans’ court, to make division of the estate of a decedent between his heirs and distributees, had no authority to order or require one distributee to pay another a sum of money to equalize the distribution; that their only power was to make an equal division of the estate, if it was susceptible of it, and, if not, so to report, that a sale for division and distribution could be ordered. A confirmation of the division or partition by the orphans’ court, when it directed the…
2Cases cited3 opinions
- Duval v. ChaudronSupreme Court of Alabama · 1846
- Teat v. LeeSupreme Court of Alabama · 1839
- Allen v. RaneySupreme Court of Alabama · 1851
3Cited by3 opinions
- Terrell v. CunninghamSupreme Court of Alabama · 1881
- Burton v. ColleySupreme Court of Oklahoma · 1925
- Warren v. HearneSupreme Court of Alabama · 1886