Bolling v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the lion. John P. Hubbard. This action was brought by Samuel J. Bolling, against John A. Smith, to recover a tract of land containing 320 acres ; and was commenced on the 12th April, 1882. The defendant pleaded not guilty, “and the statnte of limitations.of five years under a tax-deed ;” and the cause was tried on issue joined on these pleas.
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Appeal from the Circuit Court of Butler. Tried before the lion. John P. Hubbard. This action was brought by Samuel J. Bolling, against John A. Smith, to recover a tract of land containing 320 acres ; and was commenced on the 12th April, 1882. The defendant pleaded not guilty, “and the statnte of limitations.of five years under a tax-deed ;” and the cause was tried on issue joined on these pleas. It was proved on the trial, as appears from the bill of exceptions, that Augustus H. Thompson died seized and possessed of the land, in January, 1864; that on the petition of his administrator, J. W.…
1Opinion of the CourtOlopton, J.
The application of the personal representa*538tive to the Court of Probate, for an order to sell the lands of the estate of Augustus Thompson, on which the plaintiff’s title rests,contains the allegation, “that said lands can not be fairly, equally and beneficially divided among the heirs and distributees of said deceased, without a sale thereof.” After the proceedings in the Probate Court have passed the domain of pleading, and ripened into a decree and sale, a liberal construction will be given to the petition, and every intendment in favor of its sufficiency made for the maintenance of the…
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