Smith v. Alexander
Supreme Court of Alabama
Petition by Administrator for Sale of Lands for Payment of Debts. Appeal from Autauga Probate Court. Heard before Iíon. G. S. Livingston.
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Petition by Administrator for Sale of Lands for Payment of Debts. Appeal from Autauga Probate Court. Heard before Iíon. G. S. Livingston. Petition by McQueen Smith, as administrator de bo-nies non of tbe estate of one Rogers, deceased, for a sale of the lands of decedent for tbe payment of • debts, in which J. L. Alexander and others, grantees of decedent, intervened, and from an order sustaining a motion to dismiss tbe petition, tbe administrator appeals. — Where an administrator de bonis non of an estate is appointed by a court of general and exclusive jurisdiction tbe presumption is that…
1Opinion of the CourtDenson, J.
— It cannot be successfully contended that the attack made in this case on the proceedings and order of the probate court, wdth respect of the appointment of the administrator de bonis non, is not a collateral attack.—Henley v. Johnson, 134 Ala. 646, 32 South. 1009, 63 L. R. A. 673, 92 Am. St. Rep. 48. Being a collateral attack, the appellees can take nothing by it unless the record affirmatively showrs that the court was without jurisdiction to make the appointment.— Gray’s Adm’rs v. Cruise, 36 Ala. 559; Henley v. Johnson, supra, and authorities there cited; Wyman v. Campbell, 6 Port. 219,…
2Cases cited7 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Weaver v. BrownSupreme Court of Alabama · 1888
- Wrought Iron Range Co. v. BoltzMississippi Supreme Court · 1920
- Breeding v. BreedingSupreme Court of Alabama · 1900
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3Cited by4 opinions
- Ashurst v. Union Bank & Trust Co.Supreme Court of Alabama · 1917
- Ex parte Raymond Adams, as coexecutor of the estate of Clifford Wayne ClevelandSupreme Court of Alabama · 2014
- Davis v. MeltonCourt of Appeals of Georgia · 1935
- Edmondson v. JonesSupreme Court of Alabama · 1920