Garrett v. Bruner
Supreme Court of Alabama
Appeal from the Probate Court of Lowndes. Tried before the Hon. J. ~V. McDuffie. J. E. Bruner, administrator “cum testamento annexo of Charity Garrett, applied to the Court of Probate of Lowndes county for an order to sell the land, described in the petition, for the purpose of paying the debts of the testatrix.
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Appeal from the Probate Court of Lowndes. Tried before the Hon. J. ~V. McDuffie. J. E. Bruner, administrator “cum testamento annexo of Charity Garrett, applied to the Court of Probate of Lowndes county for an order to sell the land, described in the petition, for the purpose of paying the debts of the testatrix. The administrator alleged in his petition that he had received no personal property, and knew of none that belonged to the decedent; and that a claim of nearly five hundred dollars had been presented to him in favor of one E. Y. Daniel. The appellants, M. E. Garrett, William J.…
1Opinion of the Court
BKECKELL, C. J.—
1. An application to a court of probate for an order to sell lands of a deceased person for the payment of debts, made by the personal representative, when collaterally assailed, is regarded as a proceeding in rem, and jurisdiction of the thing, not of persons, is the controlling element of its validity. But when the regularity of the proceeding is presented on error, or Toy appeal, it is regarded as in personam. In form it is strictly a proceeding inter partes, the personal representative standing as plaintiff, and the heirs or devisees, as defendants. These are the only…
2Cited by9 opinions
- Clark v. KnoxSupreme Court of Alabama · 1881
- Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
- Cotton v. HollowaySupreme Court of Alabama · 1893
- Davis v. TarverSupreme Court of Alabama · 1880
- Quarles v. CampbellSupreme Court of Alabama · 1882
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