Lambeth v. Garber
Supreme Court of Alabama
Writ of error to the County Court of Sumter. This is nn administration cause, and the decree complained of is one made on the final settlement of the estate of Pleasant M. Posey, deceased. In July, 1840, administration of the estate of Pleasant M. Po-sey, was granted to Catharine Posey. She resigned the trust in August of the same year, without proceeding upon the administration.
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Writ of error to the County Court of Sumter. This is nn administration cause, and the decree complained of is one made on the final settlement of the estate of Pleasant M. Posey, deceased. In July, 1840, administration of the estate of Pleasant M. Po-sey, was granted to Catharine Posey. She resigned the trust in August of the same year, without proceeding upon the administration. Upon her resignation, James Hair was appointed.— Hair, after proceeding in the administration- so far as to obtain an order of sale of some real estate, upon his petition setting out that it could not be fairly and…
1Opinion of the CourtGoldthwaite, J.
There is in this case, an error which goes to the entire settlement, and which renders it improper to determine any other question raised upon the record.
It appears that the estate has never been represented insolvent by the present representative, and such a representation, in our opinion, is absolutely essential, to give the county court jurisdiction to decree in favor of creditors. This subject was examined at some length in Clark v. West, [5 Ala. Rep. 117,] and there we endeavored to show that the peculiar jurisdiction exercised over insolvent estates, arises out of, and is dependant upon…
2Cases cited5 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Hazard v. PurdomSupreme Court of Alabama · 1836
- Chamberlain v. BatesSupreme Court of Alabama · 1835
- Andrews v. RoachSupreme Court of Alabama · 1842
- Driver v. RiddleSupreme Court of Alabama · 1838
3Cited by7 opinions
- Randle v. CarterSupreme Court of Alabama · 1878
- Kilgore v. KilgoreSupreme Court of Alabama · 1893
- Key v. VaughnSupreme Court of Alabama · 1849
- Reed's Adm'r v. MinellSupreme Court of Alabama · 1857
- McLaughlin v. Creditors of NelmsSupreme Court of Alabama · 1846
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