Calloway v. Kirkland
Supreme Court of Alabama
APPEAL from Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. This suit was brought by appellant against appellees on ■September 2, 1874. In 1863, Alex. Outlaw was appointed administrator de bonis non of the estate of Henry Brown, senior, who owned land in Dale county. Some months after said appointment, Henry Brown, junior, died intestate, and said Outlaw was appointed administrator of his estate.
Read the full summary
APPEAL from Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. This suit was brought by appellant against appellees on ■September 2, 1874. In 1863, Alex. Outlaw was appointed administrator de bonis non of the estate of Henry Brown, senior, who owned land in Dale county. Some months after said appointment, Henry Brown, junior, died intestate, and said Outlaw was appointed administrator of his estate. Said Brown, junior, left no estate except the lands in controversy. Said Outlaw obtained an order from the Probate Court of Dale county for the sale of said land, and sold it under…
1Opinion of the CourtStone, J.
In Bradley v. Broughton, 34 Ala. 706, we .said: “ The tendency of modern decisions . . is, not to pronounce judicial acts void, unless forced thereto by some stern rules of law, or of public policy. The consequences of pronouncing acts voidable rather than void, commend themselves by such a healthy conservatism, that courts should hesitate before declaring void what has passed judicial sanction.”—See, also, Satcher v. Satcher, 41 Ala. 26; Pettus v. McClannaham, 52 Ala. 55.
The sale in the present case was made under section 2228 of the Revised Code. It was made for division, and not for the…
2Cases cited4 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- Broughton v. BradleySupreme Court of Alabama · 1859
- Calloway v. KirklandSupreme Court of Alabama · 1874
3Cited by2 opinions
- Harvey v. JenkinsSupreme Court of Alabama · 1929
- Lavretta v. First Nat. Bank of MobileSupreme Court of Alabama · 1939