King v. Gilreath
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. A. A. Coleman. Statutory ejectment by E. W. King and others, as administrators, etc., against Belton Gilreath. From a judgment for defendant, plaintiffs appeal.
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Appeal from Walker Circuit Court. Heard before Hon. A. A. Coleman. Statutory ejectment by E. W. King and others, as administrators, etc., against Belton Gilreath. From a judgment for defendant, plaintiffs appeal. Real estate of a decedent was not assets subject to the payment of debts at common law. — Scott v. Ware, 64 Ala. 177; Brown on Jurisdiction (2nd Ed.), sec. 67. Where it is given by statute the jurisdiction of the court is limited to the mode pointed out by the statute, and is dependent upon the sufficiency of the petition. — Freeman on Void Judicial Sales (4th Ed.), sec. 11; Reddick…
1Opinion of the CourtMcCLELLAN, J.
Statutory ejectment by appellant against appellee to recover lands sold under decree of the probate court for the purpose of paying debts of the insolvent estate of one King, an heir of whom appel*132lants’ intestate was, and which were bought at the sale by the appellee, the sole creditor of the estate, and the purchase price of which was paid, and the sale on report to that effect confirmed and conveyance executed, as ordered, by crediting the amount of the bid upon the larger indebtedness held by the purchaser — creditor against the estate.
The appellants assert error, mainly, upon two…
2Cases cited8 opinions
- Hall v. HallTexas Supreme Court · 1854
- McCully v. ChapmanSupreme Court of Alabama · 1877
- Cruikshank v. LuttrellSupreme Court of Alabama · 1880
- Doe ex dem. Hamilton v. HardySupreme Court of Alabama · 1875
- Wallace v. Nichols' Admr.Supreme Court of Alabama · 1876
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3Cited by3 opinions
- Garrow v. ToxeySupreme Court of Alabama · 1911
- King v. GilreathSupreme Court of Alabama · 1909
- Van Gilder v. WarfieldIdaho Supreme Court · 1941