Hickson v. Lingold
Supreme Court of Alabama
Appeal from Circuit Court of Pite. Tried before Hon. J. McCaleb Wiley. This was an action brought by appellants, as executors of the last will' and testament of Samuel Hickson, deceased, against the appellees to recover amount due on promissory notes given by them for the purchase-money of lands of appellants’ testator, sold under the order of the probate court, on the ground that they “ could not be fairly and equitably divided among the heirs without a sale,” The parties…
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Appeal from Circuit Court of Pite. Tried before Hon. J. McCaleb Wiley. This was an action brought by appellants, as executors of the last will' and testament of Samuel Hickson, deceased, against the appellees to recover amount due on promissory notes given by them for the purchase-money of lands of appellants’ testator, sold under the order of the probate court, on the ground that they “ could not be fairly and equitably divided among the heirs without a sale,” The parties went to trial on the plea of the general issue, “ with leave to give in any matter not required to be sworn to.” It was…
1Opinion of the CourtPeck, C. J.
Where executors sell the lands of their testator, under an order of sale by the probate court for that purpose, if the vendee gives his notes for the purchase-money, and is let into, and retains the possession of the premises, he can not, at law, defend an action by the executors on said notes, on the ground that the order of sale was erroneous; even its utter invalidity is no defense to such an action. This, we think, is the rule to be derived from all the decisions of this court on this subject. Ogburn v. Ogburn, 3 Porter, 126; Calloway v. McElroy & Flannagan, 3 Ala. 406; Harbin v. Levi, 6…
2Cases cited7 opinions
- Read v. WalkerSupreme Court of Alabama · 1850
- Harbin v. LeviSupreme Court of Alabama · 1844
- Jennings v. Administrators of JenkinsSupreme Court of Alabama · 1846
- Lamkin v. ReeseSupreme Court of Alabama · 1844
- Calloway v. McElroySupreme Court of Alabama · 1842
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3Cited by11 opinions
- Occidental Realty Co. v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
- Meeks v. GarnerSupreme Court of Alabama · 1890
- Bolling v. JonesSupreme Court of Alabama · 1880
- Sivoly v. ScottSupreme Court of Alabama · 1876
- West v. HolmanSupreme Court of Alabama · 1931
6 more not listed; retrieve them via the Exa API.