Legal Opinion

Kitchell v. Irby

Supreme Court of Alabama

Decided January 15, 1868PublishedCited by 5 opinions

Appeal from Probate Court of Marengo. In the matter of the confirmation of the sale of lands of the estate of James M. Rembert, deceased. The facts will sufficiently appear from the opinion of the court.

1Opinion of the CourtA. J. Walker, C. J.

Charles Irby, the appellee, preceded Frank N. Kitchell, the appellant in the administration upon the estate of James M. Rembert, deceased, Pending the administration of Irby, and on the 1st February, 1865, he sold land of the estate of his intestate for distribution, in pursuance of an order of the probate court.

Afterward, and on the 6th February, 1866, he resigned his administration, and Kitchell, the appellant, was appointed. On the 28th August, 1866, Irby having previously resigned his administration, filed a report of the sale in the probate court. D. B. Jackson appeared in court, and on…

2Cases cited4 opinions

  1. Wallace v. Hall's HeirsSupreme Court of Alabama · 1851
  2. Delaplaine v. LawrenceNew York Court of Chancery · 1844
  3. Lightfoot v. Doe, on the Demise of the Heirs of LewisSupreme Court of Alabama · 1840
  4. England v. McLaughlinSupreme Court of Alabama · 1860

3Cited by5 opinions

  1. Pfingstl v. SolomonSupreme Court of Alabama · 1940
  2. Spence v. SpenceSupreme Court of Alabama · 1940
  3. Kells v. Nelson-Tenney Lumber Co.Supreme Court of Minnesota · 1898
  4. Davis v. BowmarMississippi Supreme Court · 1878
  5. Clower v. SandersSupreme Court of Alabama · 1949

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