Warren v. Hearne
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. Heard before the Hon. F. C. Randolph. •In the matter of the estate of Patrick Carolan, deceased, on the application of James R. Warren, as administrator, for an order to sell the lands for the payment of debts. The decedent died on or about the 27th January, 1880, and letters .of administration on his estate were granted by said Probate Court, on the 7th January, 1885, to said J. R. Warren, who was a creditor.
Read the full summary
Appeal from the Probate Court of Montgomery. Heard before the Hon. F. C. Randolph. •In the matter of the estate of Patrick Carolan, deceased, on the application of James R. Warren, as administrator, for an order to sell the lands for the payment of debts. The decedent died on or about the 27th January, 1880, and letters .of administration on his estate were granted by said Probate Court, on the 7th January, 1885, to said J. R. Warren, who was a creditor. The application for an order to sell the lands was filed on the 2d February, 1887, and was contested by Mrs. Mary Ann Hearne (formerly…
1Opinion of the CourtClopton, J.
Appellant, as administrator of the estate of Patrick' Carol an, made application to the Probate Court to sell the real estate of his intestate for the payment of debts. To such proceeding the heir at law is the adversary party, with right to plead and make defense; and whatever would operate to defeat and bar the debt, as a legal, subsisting demand, enforcible against the intestate if iiving and sued, will defeat and bar it when the personal representative seeks to charge the descended lands.—Trimble v. Faris, 78 Ala. 260; Steele v. Steele, 64 Ala. 438. The only debt sought to be charged is…
2Cases cited6 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Bank of Hartford County v. WatermanSupreme Court of Connecticut · 1857
- Trimble v. FarissSupreme Court of Alabama · 1884
- Starke v. WilsonSupreme Court of Alabama · 1880
- Lewis v. FordSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Taylor v. CrookSupreme Court of Alabama · 1902
- In Re Estate of SmithSupreme Court of Iowa · 1949
- Cook v. AtkinsSupreme Court of Alabama · 1911
- Kornegay v. MayerSupreme Court of Alabama · 1902
- Chandler v. WynneSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.