Curtis v. Hunt
Supreme Court of Alabama
Appeal from Clarke Probate Court. Heard before Hon. Clayton Fosoue. Petition by Eunice H. Hunt, administratrix of the estate of James L. England, deceased, for the sale of his real estate to pay debts of his estate. From a decree ordering a sale of the land, A. B. Curtis and the other heirs appeal.
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Appeal from Clarke Probate Court. Heard before Hon. Clayton Fosoue. Petition by Eunice H. Hunt, administratrix of the estate of James L. England, deceased, for the sale of his real estate to pay debts of his estate. From a decree ordering a sale of the land, A. B. Curtis and the other heirs appeal. The petition did not give jurisdiction as it failed to state that Fannie Evans was a married woman. — Poole v. Daughdrill, 129 Ala. 212; Sec. 158, Code 1896. The evidence was not sufficient to authorize the sale.— Quarles v. Campbell, 72 Ala. 64. A personal representative is an interested Avitness.…
1Opinion of the CourtMcCLELLAN, J.
This appeal arises from an order entered for the sale of real estate, upon application of personal representatives, to pay debts of the estate of the decedent. Motion to dismiss the appeal is made by appellee upon the ground that the appeal was not effected in 30 days, as required by section 158, subd. 6, Code 1896. That subdivision, so far as necessary to quote, reads: “Upon any issue as to the insolvency of an estate, and upon any issue as to any alloAvance of any claim against insolvent estates, in which cases the appeal must be taken within thirty days after the determination of such…
2Cases cited9 opinions
- Davis v. TarverSupreme Court of Alabama · 1880
- Stevenson v. MurraySupreme Court of Alabama · 1888
- Quarles v. CampbellSupreme Court of Alabama · 1882
- Miller v. MayerSupreme Court of Alabama · 1899
- Alford v. AlfordSupreme Court of Alabama · 1892
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3Cited by5 opinions
- W. T. Smith Lumber Co. v. McKenzieSupreme Court of Alabama · 1952
- Alan & Alan, Inc. v. Gulfstream Car Wash, Inc.District Court of Appeal of Florida · 1980
- Myers v. ParkerSupreme Court of Alabama · 1977
- Paniello v. SmithDistrict Court of Appeal of Florida · 1992
- W. T. Smith Lumber Co. v. McKenzieSupreme Court of Alabama · 1952