Jones v. Jones
Supreme Court of Alabama
Appeal from the Probate Court of Lee. In the matter of the petition of William A. M. Jones, James G. Jones, and John C. Jones, for the sale of certain property, real and personal, for the purpose of making an equitable division or partition themselves and the other joint owners, several of whom were infants.
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Appeal from the Probate Court of Lee. In the matter of the petition of William A. M. Jones, James G. Jones, and John C. Jones, for the sale of certain property, real and personal, for the purpose of making an equitable division or partition themselves and the other joint owners, several of whom were infants. The petition was filed on the 9th September, 1873, and was set for hearing on the 6th October; and on that day, a decree was rendered, ordering a sale as prayed, and appointing commissioners to conduct it. The decree recites that no one appeared to contest the petition, except the…
1Opinion of the CourtStone, J.
It is the duty of all courts to guard and protect the rights of infants, and not to hold them estopped by a mere failure to observe technical rules. Matters pertaining to jurisdiction are not among the questions which infants may waive or lose, either by the failure of their guardian ad litem, to raise the objection in the court below, or by any apparent mispleading by counsel in the cause. — Johnston v. Shaw, 31 Ala. 592.
Partition, in the Probate Court, is a proceeding of purely statutory creation. When a proper petition is filed, it is the duty of the Probate Court to take jurisdiction, and…
2Cases cited1 opinion
- Johnston v. ShawSupreme Court of Alabama · 1858