England v. McLaughlin
Supreme Court of Alabama
Appeal from the Probate Court of Perry. Tins proceeding in this case was instituted by Samuel G. McLaughlin, who, on the 15th March, 1858, as the executor of the last will and testament of John McLaughlin, deceased, filed his petition in said probate court, asking an order to sell the real estate for the purpose of making equal division among the devisees.
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Appeal from the Probate Court of Perry. Tins proceeding in this case was instituted by Samuel G. McLaughlin, who, on the 15th March, 1858, as the executor of the last will and testament of John McLaughlin, deceased, filed his petition in said probate court, asking an order to sell the real estate for the purpose of making equal division among the devisees. The court granted the order of sale as prayed, and ordered the executor to make a report of the sale within the time prescribed by law; the order reciting, “that the heirs and devisees are all over the age of twenty-one years, and appear in…
1Opinion of the CourtStone, J.
In the case of Delaplaine v. Lawrence, (10 Paige, 602,) lands of a decedent had been sold by the administrator, under an order of sale granted by the surrogate for that purpose. Delaplaine was one of the purchasers. The administrator reported the sale for confirmation, and "W\ B. Lawrence, one of the heirs at law, opposing the confirmation of the sale as to certain of the lots, the surrogate set aside the sale as to those lots, and ordered a resale. Delaplaine appealed from the order setting aside his purchase; and there was a motion made to dismiss his appeal, on the ground that he, the…
2Cases cited5 opinions
- Satterwhite v. StateSupreme Court of Alabama · 1856
- Delaplaine v. LawrenceNew York Court of Chancery · 1844
- Dumas v. HunterSupreme Court of Alabama · 1857
- Flournoy v. MimsSupreme Court of Alabama · 1849
- Williams v. StateSupreme Court of Alabama · 1855
3Cited by1 opinion
- Kitchell v. IrbySupreme Court of Alabama · 1868