Mohon v. Tatum
Supreme Court of Alabama
Appeal from Cherokee Probate Court. Tried before Hon. B. B. Savage. This was an application by petition filed by Adelia Mohon, a married woman and a minor, and Alex.
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Appeal from Cherokee Probate Court. Tried before Hon. B. B. Savage. This was an application by petition filed by Adelia Mohon, a married woman and a minor, and Alex. Molion, her husband, on the 8th of April, 1881, to vacate and set aside a sale of land made by John W. Tatum, as the guardian of the said Adelia, under the decree of said court, on the 26th day of November, 1877, on the ground that the court had no jurisdiction to decree the sale of the land, and that the sale was void. It appears from the petition that John W. Tatum, ou-the 17th May, 1873, was appointed by said court the…
1Opinion of the Court
SOMEBYÍLLE, J.
The sale of the wards’ property in this case, which is sought to be vacated by motion in the Probate Court, was clearly void for want of jurisdiction, and-being void on its face, could be set aside at a subsequent term of the court.
The Probate Court nan exercise its statutory power of selling real estate belonging to minors only in the following cases, on application of the guardian: (1) Eor the support and education of the ward — Code, 1876, § 2780; (2) for revmestmmt of the *469proceeds — Code, § 2785 ; (3) for distribution among; joint owners — Code, | 3514.
The application for…
2Cases cited8 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Michan v. WyattSupreme Court of Alabama · 1852
- Gerald v. McKenzieSupreme Court of Alabama · 1855
- Brock v. South & North. Ala. R. R.Supreme Court of Alabama · 1880
- Bishop v. WoodSupreme Court of Alabama · 1877
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3Cited by7 opinions
- Warren v. SouthallSupreme Court of Alabama · 1932
- Buford v. WardSupreme Court of Alabama · 1895
- Mitchell v. ConwaySupreme Court of Alabama · 1952
- Allison v. CodySupreme Court of Alabama · 1923
- Blake v. HarlanSupreme Court of Alabama · 1885
2 more not listed; retrieve them via the Exa API.