Bolling v. Smith
Supreme Court of Alabama
Appeal from Butler Circuit Court. Tejed before Hon, J. R. TysoN. The facts of this case are sufficiently stated in the opinion. Jurisdiction haying attached under the petition to sell the land, no irregularity in subsequént proceedings can be raised on collateral attack. — Fields r. Golds-by, 28 Ala. 218 ; Wilburn v. McCalley, 68 Ala. 436 ; May v. Maries, 74 Ala. 249. Cited Ligón v. Ligón, 84 Ala. 555; Dugger v. Tayloe, 60 Ala. 519 ; Anderson v. Bradley, 66 Ala. 263.
1Opinion of the CourtMcCLELLAN, J.
Owens as administrator of Thompson, petitioned the probate court for an order to sell lands belonging to the estate of his intestate for equitable division among the heirs. The petition averred the jurisdictional facts and all the proceedings down to and including the order of sale were regular in every respect. In executing the order after due advertisement Owens himself became the purchaser of the land, regularly reported the fact and the payment of the purchase money to himself as such administrator, setting forth that he was the. highest and best bidder, that the price paid was not…
2Cases cited3 opinions
- Dugger v. TayloeSupreme Court of Alabama · 1877
- Ligon v. LigonSupreme Court of Alabama · 1887
- Anderson's Adm'r v. BradleySupreme Court of Alabama · 1880
3Cited by5 opinions
- Meade v. Vande VoordeNebraska Supreme Court · 1941
- Smith v. LuskSupreme Court of Alabama · 1898
- Allison v. AllisonSupreme Court of Alabama · 1896
- Langley v. LangleySupreme Court of Alabama · 1898
- Washington v. BogartSupreme Court of Alabama · 1898