Johnston v. Davenport
Supreme Court of Alabama
Appeal from Tallapoosa Probate Court. This was a petition, filed by Mary Ann Johnston, as widow of Joseph Johnston, deceased, in behalf of herself, and her minor children, asking that there might be “set off by metes and bounds, real estate to the value of five hundred dollars, to include the homestead, or such portion thereof as can be selected, without injury to the remaining portion of the estate,” for the benefit of herself, and said minor children.
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Appeal from Tallapoosa Probate Court. This was a petition, filed by Mary Ann Johnston, as widow of Joseph Johnston, deceased, in behalf of herself, and her minor children, asking that there might be “set off by metes and bounds, real estate to the value of five hundred dollars, to include the homestead, or such portion thereof as can be selected, without injury to the remaining portion of the estate,” for the benefit of herself, and said minor children. The petition sets forth, that the estate of her husband is insolvent, and that Luke Davenport, his administrator, had filed his application…
1Opinion of the CourtA. J. Walker, C. J.
The court below dismissed the petition of a widow for the allotment to her and the minor children, of five hundred dollars worth of land of the insolvent estate of her deceased husband. The dismissal of the petition, it is contended, was right because it did not set out the names of the minor children, but merely referred to them as correctly set out in another paper in the court. There was no demurrer or objection to the petition in the court below. We are not therefore called upon to determine what action the court should have taken if the objection had been made at the proper time and in…
2Cited by4 opinions
- Darden v. ReeseSupreme Court of Alabama · 1878
- Horton v. HilliardSupreme Court of Arkansas · 1893
- Dorough v. JohnsonSupreme Court of Alabama · 1979
- Thompson's Administrator v. ThompsonSupreme Court of Alabama · 1874