Perkins' Exr's v. Winter's Adm'rx
Supreme Court of Alabama
Appeal from the Court of Chancery sitting for the County of Lauderdale. The plaintiffs in error filed their bill, stating, that in the year 1835, Wm. 0. Perkins, the testator, purchased two quarter sections of land, situate in the county of Franklin, for the sum of eight thousand and one dollars and sixty cents, and executed bonds, with sureties, for the payment thereof, at one and two years. These lands were sold as part of the estate of Wm.
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Appeal from the Court of Chancery sitting for the County of Lauderdale. The plaintiffs in error filed their bill, stating, that in the year 1835, Wm. 0. Perkins, the testator, purchased two quarter sections of land, situate in the county of Franklin, for the sum of eight thousand and one dollars and sixty cents, and executed bonds, with sureties, for the payment thereof, at one and two years. These lands were sold as part of the estate of Wm. H. Winter, deceased, by commissioners, appointed under an order of the Orphans’ Court of Franklin, upon the petition of the ad-ministratrix,…
1Opinion of the CourtCollier, C. J.
— The application for the sale of the real estate of William Winter, deceased, was regularly made by his administratrix, to the Orphans’ Court of the county by which the administration was committed to her. In her petition, she describes the lands according to the surveys made by the Federal government, the town lots by their numbers, and states the names, ages, residence of the heirs, &c., and prays that the real estate may be sold, upon the allegation that it cannot be fairly, equally and beneficially divided among them. The Court took jurisdiction of the case, adjudged a sale, in…
2Cases cited5 opinions
- Abbott v. AllenNew York Court of Chancery · 1817
- The Monte AllegreSupreme Court of the United States · 1824
- Nelson v. CarringtonSupreme Court of Virginia · 1815
- Caldwell v. KirkpatrickSupreme Court of Alabama · 1844
- Eubank v. HamptonCourt of Appeals of Kentucky · 1833
3Cited by27 opinions
- Marks v. CowlesSupreme Court of Alabama · 1878
- Wilson v. HoltSupreme Court of Alabama · 1887
- Bland v. BowieSupreme Court of Alabama · 1875
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Fielder v. ChildsSupreme Court of Alabama · 1883
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