Tillman v. Thomas
Supreme Court of Alabama
Appeal from the Chancery Court of Bussell. Heard before tbe Hon. John A. Foster. The bill in this case was filed on the 2d July, 1883, by Edward Thomas and John Thomas, children and heirs at law of John B. Thomas, deceased, against W. L. Tillman, B. B. Burts, Mrs. Bebecca P. Kennedy, and others; and sought to vacate and set aside a sale of certain lands, which had belonged to the decedent in his life-time, and were sold under a probate decree on the petition of the widow as…
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Appeal from the Chancery Court of Bussell. Heard before tbe Hon. John A. Foster. The bill in this case was filed on the 2d July, 1883, by Edward Thomas and John Thomas, children and heirs at law of John B. Thomas, deceased, against W. L. Tillman, B. B. Burts, Mrs. Bebecca P. Kennedy, and others; and sought to vacate and set aside a sale of certain lands, which had belonged to the decedent in his life-time, and were sold under a probate decree on the petition of the widow as administratrix. As the bill is copied in the transcript, L. D. Odom, who had married a daughter of the decedent, was…
1Opinion of the CourtMcCLELLAN, J.
This is a bill by heirs, seeking to set aside and vacate the proceedings of the Probate Court, under which lands belonging to the estate of their ancestor were sold by his personal representative. As amended, the bill is presented in two aspects. In one, it is sought to vacate the order of sale and confirmation, on the ground of fraud in their rendition. In the other, the same result is attempted to be reached, on the ground that the probate proceedings are void on their face. A cause, if proper objection be interposed, can not thus be presented to a court of equity in a double aspect, unless…
2Cases cited9 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Lee v. LeeSupreme Court of Alabama · 1876
- Humphreys v. BurlesonSupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Sellers v. ValenzuelaSupreme Court of Alabama · 1947
- Beall & Coston v. Lehman Durr Co.Supreme Court of Alabama · 1895
- Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
- Schwab v. CarterSupreme Court of Alabama · 1933
5 more not listed; retrieve them via the Exa API.