Haynes v. Simpson
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the Hon. John Peli-iam. This was a statutory action of ejectment, brought by the appellee, Lily Simpson, against the appellants, to recover certain lands specifically described in the complaint. The plaintiff claimed the lands as an heir of John A. Simpson, deceased.
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Appeal from the Circuit Court of Cleburne. Tried before the Hon. John Peli-iam. This was a statutory action of ejectment, brought by the appellee, Lily Simpson, against the appellants, to recover certain lands specifically described in the complaint. The plaintiff claimed the lands as an heir of John A. Simpson, deceased. The defendants claimed title from the purchaser of the lands at an administrator’s sale, which was held in accordance with an order of the probate court of Cleburne county. The administration of the estate of John A. Simpson, deceased, was pending in the probate court of…
1Opinion of the CourtAnderson, J.
The sale of the land in question in the year 1882, by the administrator, for the payment of the debts of the intestate, J. A. Thompson, under a decree of the probate court, divested the title out of the heirs. The failure to make this plaintiff, who claims to be an heir of J. A. Thompson, a party to the proceeding for the sale of the land, cannot vitiate the sale or affect the title of the purchaser, as it was but an irregularity not available to the plaintiff upon a collateral attack of *556the sale. The record recites a compliance with section 167 of the Code of 1896, as to the talcing of the…
2Cases cited4 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Field's Heirs v. GoldsbySupreme Court of Alabama · 1856
- Goodwin v. SimsSupreme Court of Alabama · 1888
- Smith v. BrannonSupreme Court of Alabama · 1892