Henley v. Johnston
Supreme Court of Alabama
Appeal Horn the Probate Court of Jefferson. Heard before the Hon. J. P. Stiles. This was ai petition fileld by Joseph F. Johnston, as administrator de bonis non of the estate of Thomas Peters, deceased, for the sale of land for the payment of debts of the deceased.
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Appeal Horn the Probate Court of Jefferson. Heard before the Hon. J. P. Stiles. This was ai petition fileld by Joseph F. Johnston, as administrator de bonis non of the estate of Thomas Peters, deceased, for the sale of land for the payment of debts of the deceased. The petition averred that the personal property of the estate was insufficient for the payment of the debts thereof; that the decedent died seized and possessed 'of certain interests and rights not definitely -known to> petitioner in certain lands as described in the opinion; that the estate had theretofore been declared insolvent…
1Opinion of the CourtTyson, J.
The order of the probate court granting letters of administration is not appealed from, and its validity is only involved in the attack made upon the decree ordering a. sale of the lands of tifie intestate to pay debts upon Hie petition of the administrator to whom letters of administration de bonis non had been heretofore granted. The right to prefer the application to have the lands sold to pay ¡debts, devolves alone upon *650the personal representative. It is, therefore, essential to the validity of the decree of sale that the proceeding be instituted and maintained by him. — § 155 of Code;,…
2Cases cited14 opinions
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Allen v. KellamSupreme Court of Alabama · 1881
- Wright's Heirs v. WareSupreme Court of Alabama · 1874
- Dolan v. DolanSupreme Court of Alabama · 1889
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3Cited by5 opinions
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Rucker v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1912
- Hicky v. StallworthSupreme Court of Alabama · 1904
- Smith v. AlexanderSupreme Court of Alabama · 1906
- Peavy v. GriffinSupreme Court of Alabama · 1907