Cobb v. Garner
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The facts of the case are sufficiently stated in the opinion. 1. The jurisdiction of the probate court having attached, every question necessary to authorize the sale has been- judicially determined — the existence of a valid debt, the want of personal assets, and due proof of these facts, have all been adjudicated.
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Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The facts of the case are sufficiently stated in the opinion. 1. The jurisdiction of the probate court having attached, every question necessary to authorize the sale has been- judicially determined — the existence of a valid debt, the want of personal assets, and due proof of these facts, have all been adjudicated. No question is better settled than that a sale under such proceedings can not be assailed except on direct appeal, or for fraud. — Pettus v. McGlannahan, 52 Alá. 55; Kent'v. Mansel, 101 Ala. 334; May v.…
1Opinion of the CourtColeman, J.
One James A. Toney, having been appointed, gave bond and qualified as, the administrator of the estate of Celia Berry, deceased. Upon his petition and proof taken as in chancery proceedings the probate court decreed the sale of certain lands for the payment of debts of the estate. At the sale Wm. M. Cobb, appellant, became the purchaser, paid the purchase money, and received a deed of conveyance to the lands. At the time of the proceedings in the probate court for the sale of the land, and at the time of the sale and purchase by William M. Cobb, the appellees, Harriet Garner and Jane…
2Cases cited6 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Teague v. CorbittSupreme Court of Alabama · 1877
- Pollard v. HanrickSupreme Court of Alabama · 1883
- May v. MarksSupreme Court of Alabama · 1883
- Boykin v. CookSupreme Court of Alabama · 1878
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