King v. Gilreath
Supreme Court of Alabama
Appeal from Walker Probate Court. Heard before Hon. James W. Shepherd. Application by E. W. King to vacate a decree ordering a sale of land. From a judgment refusing to vacate the decree, King appeals.
Read the full summary
Appeal from Walker Probate Court. Heard before Hon. James W. Shepherd. Application by E. W. King to vacate a decree ordering a sale of land. From a judgment refusing to vacate the decree, King appeals. Where an administrator becomes a purchaser at his own sale notice to the heirs to - obtain a confirmation of the sale and an order to convey is necessary. — 108 Ala. 411; 114 Ala. 393; 119 Ala. 377. The court is of limited statutory jurisdiction, and without authority to confirm void or unauthorized sales. — 1 Brickell’s Dig. 1239. Heirs are proper parties to all regularly conducted proceedings…
1Opinion of the CourtAnderson, J.
This appeal presents for review the same decree of the probate court as was considered in the case between the same parties and reported in 154 Ala. 129, 45 South. 89; the present proceeding merely attacking the said decree in a different manner. It was heretofore held that this decree was not void; but appellant contends that the failure to give the heir notice of the application for sale, made after the insolvency of the estate, was not so fu¿ly argued as upon the present appeal. In reply- we will say the probate court had no right to vacate this decree unless it was void, and we think the…
2Cases cited3 opinions
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- Friedman & Loveman v. ShamblinSupreme Court of Alabama · 1897
- King v. GilreathSupreme Court of Alabama · 1907