Landford v. Dunklin
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Tried before Hon. JohN Moobe. This was a statutory real action in the nature of ejectment, brought by C. E. Reese and E. C. Dunklin, as the administrators ae bonis non of the estate of Josiah W. Cowling, deceased, against certain tenants of R. N. Landford, who were in possession of the land sued for at the commencement of the suit; and was commenced on 24th March, 1881. Landford came in and made himself a party defendant, and the cause was…
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Appeal from Lowndes Circuit Court. Tried before Hon. JohN Moobe. This was a statutory real action in the nature of ejectment, brought by C. E. Reese and E. C. Dunklin, as the administrators ae bonis non of the estate of Josiah W. Cowling, deceased, against certain tenants of R. N. Landford, who were in possession of the land sued for at the commencement of the suit; and was commenced on 24th March, 1881. Landford came in and made himself a party defendant, and the cause was tried on issue joined on the plea of not guilty; the trial resulting in a verdict and judgment for the plaintiffs. There…
1Opinion of the CourtBbickell, C. J.
-The jurisdiction of the court of probate to order and decree the sale of lands descended or devised, for the payment of the debts of the ancestor or testator, or to make equal distribution to and among heirs or devisees, is derived from statute. Before it can be affirmed that jurisdiction exists, the record of the proceedings of the court must show affirmatively that a proper application, an application showing the necessity for the sale, has been preferred by the proper party. The only party having capacity to prefer the application is the personal representative. When, by the proper party,…
2Cases cited18 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- State v. Granville Alexandrian SocietyOhio Supreme Court · 1841
- Florentine v. BartonSupreme Court of the United States · 1865
- Coltart v. AllenSupreme Court of Alabama · 1866
- Curtis v. WilliamsSupreme Court of Alabama · 1859
13 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Culver v. HardenberghSupreme Court of Minnesota · 1887
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Childs v. GrossCalifornia Court of Appeal · 1940
- Powell v. LabrySupreme Court of Alabama · 1923
42 more not listed; retrieve them via the Exa API.