Austin v. Willis
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the Hon. Joira B. Tally. This action was brought by Mrs. Mary Austin, formerly the widow of Martin Ashburn, deceased, and Robert T. Ashburn and others, children and heirs at law of said decedent, against Greene Willis; and sought to recover the possession of a tract óf land containing about 200 acres, which was particularly described in the declaration, and which belonged to said Martin Ashburn at the time of his death,…
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Appeal from the Circuit Court of DeKalb. Tried before the Hon. Joira B. Tally. This action was brought by Mrs. Mary Austin, formerly the widow of Martin Ashburn, deceased, and Robert T. Ashburn and others, children and heirs at law of said decedent, against Greene Willis; and sought to recover the possession of a tract óf land containing about 200 acres, which was particularly described in the declaration, and which belonged to said Martin Ashburn at the time of his death, some time during the year 1863. The notice and declaration were filed in the clerk’s office on the 18th September, 1§84,…
1Opinion of the Court
STONE, O. J.—
The administrator of Martin Ashburn, deceased, filed a petition in the Probate Court for an order to sell the lands of intestate, for distribution among his children. The land was described by government numbers, and constituted a tract of near six hundred acres; and the ground stated for the application was, that the land “ could not be fairly, equitably and beneficially divided among the heirs of said estate, without a sale thereof.” No irregularity has been pointed out, and none has been perceived in the proceedings which led to the sale.
Before the petition was filed for an…
2Cases cited11 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Johnson v. ThweattSupreme Court of Alabama · 1851
- Dudley v. WitterSupreme Court of Alabama · 1871
- Reeves v. BrooksSupreme Court of Alabama · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. SmithSupreme Court of Alabama · 1957
- Pettit v. GibsonSupreme Court of Alabama · 1917
- Rainey v. McQueenSupreme Court of Alabama · 1898
- South Texas Mortgage Co. v. CoeCourt of Appeals of Texas · 1914
- Moerlein v. HeyerTexas Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.