Gillespie v. Nabors
Supreme Court of Alabama
Appeal from the Cháncery Court of Jefferson. Heard before the Hon. Charles Turner. The facts are contained in the opinion. 1. The appellants were never divested of the title to the land in controversy. It appears from the petition itself that the allegation that the “ land could not be equitably divided among the heirs,” was unmeaning and nugatory.
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Appeal from the Cháncery Court of Jefferson. Heard before the Hon. Charles Turner. The facts are contained in the opinion. 1. The appellants were never divested of the title to the land in controversy. It appears from the petition itself that the allegation that the “ land could not be equitably divided among the heirs,” was unmeaning and nugatory. At the time the petition was filed there was only one' heir'— as appears from its face—and, therefore, the court could not acquire jurisdiction. The fact that the mother of the heir was pregnant, and that the child, when born, would be a posthumous…
1Opinion of the Court
STONE, J.—
"Lands of an estate may be sold by order of the Probate Court having jurisdiction of the estate, when the estate can not be equitably divided amongst the heirs or devisees.”—Code of 1876, § 2449.
“ If, on the hearing of the application, the facts are not proved, the same must be dismissed at the costs of the applicant, for which execution may issue against him and his sureties.”—lb. § 2459.
One of the fundamental conditions—one of the jurisdictional facts—on which this power of the Probate Court can be called into exercise, is, that there are heirs or devisees of' the estate, amongst…
2Cases cited6 opinions
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Jenkins v. FreyerNew York Court of Chancery · 1833
- Marsellis v. ThalhimerNew York Court of Chancery · 1830
- Fambro v. GanttSupreme Court of Alabama · 1847
- Hone v. Van SchaickNew York Court of Chancery · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Marx v. ClisbySupreme Court of Alabama · 1900
- Bank of Wetumpka v. WalkleySupreme Court of Alabama · 1910
- Hobbs v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1898
- Marx v. ClisbySupreme Court of Alabama · 1899
- Cheek v. OdomAlabama Court of Appeals · 1924
2 more not listed; retrieve them via the Exa API.