Jordan v. Hardie
Supreme Court of Alabama
Appeal from the 'Chancery Court of Macon. Heard before the Hon. S. K. McSpadden. The facts of the case are sufficiently stated in the opinion. The court was without jurisdiction to sell lands for payment of debts, because there was a power in the will.
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Appeal from the 'Chancery Court of Macon. Heard before the Hon. S. K. McSpadden. The facts of the case are sufficiently stated in the opinion. The court was without jurisdiction to sell lands for payment of debts, because there was a power in the will. By the law the lands descended to the heirs, and the administrators and executors as such have nothing to do with them, except to exercise a statutory power, when necessary, to sell them for the payment of 'debts. — Miller v. Irby, 63 Ala. 485; Scott v. Ware, 64 Ala. 174; Anderson v. McGowan, 42 Ala. 280; Lee v. Downey, 68 Ala. 98; 3 Brick.…
1Opinion of the CourtDowdell, J.
The complainant, Eddie Jordan, appellant here, filed his bill for the purpose of reviewing and reversing the decree complained of for error of law apparent. From a decree of the chancellor sustaining a demurrer to his bill and dismissing the same for want of equity, this appeal is prosecuted. To determine what constitutes error of law apparent on the face of the decree is not always free from difficult}''. But as was said by this court, speaking through Bkickbi'.Jj, C. J., in McCall v. McCurdy, 69 Ala. 71, to support a bill of review for error of law apparent, “there must be error in…
2Cases cited7 opinions
- McCall v. McCurdySupreme Court of Alabama · 1881
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
- Ashford v. PattonSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Turner v. TurnerSupreme Court of Alabama · 1915
- Barrow v. LindseySupreme Court of Alabama · 1935
- Zaner v. ThrowerSupreme Court of Alabama · 1919
- Pearce v. KennedySupreme Court of Alabama · 1936
- Vary v. ThompsonSupreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.