Gartman v. Lightner
Supreme Court of Alabama
Petition to Set Aside a Decree for Sale of Lands. Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Susannah J. Lightner and others to set aside a decree of sale made in the probate court three years before the filing of a petition but previous to the report of sale and confirmation. From an order setting the decree of sale aside, the respondents named in the petition appeal.
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Petition to Set Aside a Decree for Sale of Lands. Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Susannah J. Lightner and others to set aside a decree of sale made in the probate court three years before the filing of a petition but previous to the report of sale and confirmation. From an order setting the decree of sale aside, the respondents named in the petition appeal. R. M. Sands, as administrator of the estate of George W. Gartman, filed his petition for the sale of certain lands as the property of said Gartman for the purpose of paying the debts of…
1Opinion of the CourtDowdell, J.
The appeal in this case is taken from an order of the probate court annulling and setting aside a decree for the sale of land theretofore rendered by said court. It appears from the record that the former decree of sale was rendered on the application of the administrator filed for that purpose upon two grounds alleged in the petition, viz., for the payment of debts and for division and distribution. The decree of sale was unexecuted, no report of sale having ever been made to or confirmed by the court. The decree as it then stood, when the order annulling it was made and from which this…
2Cases cited4 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Kellam v. RichardsSupreme Court of Alabama · 1876
- McQueen v. GrigsbySupreme Court of Alabama · 1907
- Morring v. TiptonSupreme Court of Alabama · 1899
3Cited by9 opinions
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Hayes v. HayesSupreme Court of Alabama · 1915
- Pettit v. GibsonSupreme Court of Alabama · 1917
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- Hendrix v. FrancisSupreme Court of Alabama · 1919
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