Kellam v. Richards
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before tbe Hon. B. B. MoCraw. The bill in this case was filed June 2d, 1873, by John W. Kellam, a minor, who sued by his next friend, against John H. Bicharás, Evan G. Bicharás, James M. Bicharás, Thomas B. Trammell, and Mrs. Nancy M. Trammell, his wife; and sought to vacate and set aside a sale of certain lands, in which the complainant claimed a one-third interest, and which had been sold, under a decree of tbe Probate…
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Appeal from the Chancery Court of Chambers. Heard before tbe Hon. B. B. MoCraw. The bill in this case was filed June 2d, 1873, by John W. Kellam, a minor, who sued by his next friend, against John H. Bicharás, Evan G. Bicharás, James M. Bicharás, Thomas B. Trammell, and Mrs. Nancy M. Trammell, his wife; and sought to vacate and set aside a sale of certain lands, in which the complainant claimed a one-third interest, and which had been sold, under a decree of tbe Probate Court of said county, for partition among the parties to whom they belonged. The lands had belonged to James *W. Kellam,…
1Opinion of the CourtBriokell, C. J.
We cannot doubt the correctness of the decree of the chancellor. If the Court of Probate had not jurisdiction to decree a sale of the lands, the appellant’s remedy is at law, not in equity. — Posey v. Conway, 10 Ala. 811. The jurisdiction, however, is conferred by the statutes, and was exercised in substantial conformity to the mode they prescribe. — R. C. §§ 3120-3126. The commissioners appointed to conduct the sale, were the officers of the court. The court was the vendor; and until confirmation, the sale was incomplete, subject to be vacated for any irregularity which may have intervened,…
2Cases cited5 opinions
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
- Jennings v. Administrators of JenkinsSupreme Court of Alabama · 1846
- Anderson v. Snow & Co.Supreme Court of Alabama · 1846
- Posey v. ConawaySupreme Court of Alabama · 1846
3Cited by6 opinions
- Tyson v. BrownSupreme Court of Alabama · 1879
- Pettit v. GibsonSupreme Court of Alabama · 1917
- Patten v. SwopeSupreme Court of Alabama · 1920
- Gartman v. LightnerSupreme Court of Alabama · 1908
- Farley v. Dunklin & ReeseSupreme Court of Alabama · 1884
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