Frazer's Executors v. Lee
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. N. W. Cocke. The bill in this case was filed on the 29th November, 1865, by William Lee and James Lee, both infants, suing by their next friend, against Allen Erazer and Mildred E. Erazer, his wife, and sought to have set aside the sale of certain real and personal property.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. N. W. Cocke. The bill in this case was filed on the 29th November, 1865, by William Lee and James Lee, both infants, suing by their next friend, against Allen Erazer and Mildred E. Erazer, his wife, and sought to have set aside the sale of certain real and personal property. The material allegations of the bill were, that complainants were the children of John H. Lee, who being an inhabitant of the county of Montgomery, in this State, died intestate, some time in the year 1860, leaving a large estate, both real and personal,…
1Opinion of the CourtJudge, J.
The charge of fraud in the sale of the lands by Allen Frazer, is denied by the responsive allegations of the answer, which are to be taken as true; the cause having been heard on bill and answer without testi*28mony, and an answer under oath not having been waived. (Code, § 2902.)
Frequent adjudications have been made by this court, upon the question of purchases by executors and administrators at their own sales; and the rule clearly established by them is, that an executor or administrator, having an interest in the estate, may purchase at his own sale, provided- it is fairly conducted. —…
2Cases cited7 opinions
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Charles v. DuboseSupreme Court of Alabama · 1856
- McLane v. SpenceSupreme Court of Alabama · 1844
- Saltmarsh v. BeeneSupreme Court of Alabama · 1837
- Cunningham's Adm'r v. RogersSupreme Court of Alabama · 1848
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3Cited by5 opinions
- Meeks v. MillerSupreme Court of Alabama · 1926
- Dillinger v. KelleySupreme Court of Missouri · 1884
- Brown v. McGrawWest Virginia Supreme Court · 1925
- Wynn v. RosetteSupreme Court of Alabama · 1880
- Ash v. WellsWest Virginia Supreme Court · 1915