Snedicor v. Mobley
Supreme Court of Alabama
Appeal from the Probate Court of Sumter. Heard before the Hon. J. A. Abraham. ■ In the matter of the estate of H. F. Eaton, deceased, on the petition of Green B. Mobley, the administrator, asking the court to vacate and set aside, as null and void, a sale of certain lands belonging to said decedent, and the order of the court under which said sale was made.
Read the full summary
Appeal from the Probate Court of Sumter. Heard before the Hon. J. A. Abraham. ■ In the matter of the estate of H. F. Eaton, deceased, on the petition of Green B. Mobley, the administrator, asking the court to vacate and set aside, as null and void, a sale of certain lands belonging to said decedent, and the order of the court under which said sale was made. The order of the court, under which said lands were sold, was granted on the petition of the said administrator, which was filed on the 14th day of November, 1859, and which alleged that said lands could not be fairly and equitably divided…
1Opinion of the Court
B. F. SAFFOLD, J.<
The appellee, Mobley, as the administrator of the insolvent estate of Eaton, filed a motion in the probate court to set aside and declare null and void a decree of the said court, rendered in 1859, ordering a sale of certain lands belonging to the said estate, the sale itself, and the decree confirming the sale. The grounds of this motion were — 1 st, the application for the sale shows on its face the want of jurisdiction in the court to order the sale ; 2d, no guardian ad Hi cm for the minor heir was appointed, and no one acted as such guardian until the day the decree of…
2Cases cited5 opinions
- Owen v. SlatterSupreme Court of Alabama · 1855
- Fambro v. GanttSupreme Court of Alabama · 1847
- Pistole v. StreetSupreme Court of Alabama · 1837
- Barney v. FrownerSupreme Court of Alabama · 1846
- Snodgrass v. ClarkSupreme Court of Alabama · 1870
3Cited by2 opinions
- McGregor v. McGregorSupreme Court of Alabama · 1947
- State ex rel. Wayne County v. RussellNebraska Supreme Court · 1897