Walker's Heirs v. Murphy
Supreme Court of Alabama
Appeal from the Circuit Coiirt of Eranklin. Tried before the Hon. AhdRew B. Mooke. This action was brought by the children, heirs-at-law and devisees of Peter Walker, deceased, against Mrs. Maria Murphy, to recover a tract of land in said county, of which said Peter Walker was seized and possessed at the time of his death, and to which the defendant derived title under a purchase at private sale from the executors of said Walker.
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Appeal from the Circuit Coiirt of Eranklin. Tried before the Hon. AhdRew B. Mooke. This action was brought by the children, heirs-at-law and devisees of Peter Walker, deceased, against Mrs. Maria Murphy, to recover a tract of land in said county, of which said Peter Walker was seized and possessed at the time of his death, and to which the defendant derived title under a purchase at private sale from the executors of said Walker. The defendant pleaded not guilty, in short by consent, with leave to give any special matter in evidence which might constitute a good defense to the action. The…
1Opinion of the CourtA. J. Walker, C. J.
The executors of Peter Walker, deceased, sold the land in controversy without the authority of any court, at private sale. The sale was necessarily void, unless the will of their testator bestowed upon the executors the power to sell. The two clauses of the will bearing on the question of the-power of, sale are as follows: It is my will, after paying my funeral expenses and my just debts, that my estate be kept together, for *594the support, maintenance and education of my children, and that no account or charge be made against any of them for necessary support and education.” “ I further desire,…
2Cases cited4 opinions
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Smith v. MundySupreme Court of Alabama · 1850
- Winston v. JonesSupreme Court of Alabama · 1844
- Rowland v. DaySupreme Court of Alabama · 1850
3Cited by8 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Taylor v. Agricultural & Mechanical Ass'nSupreme Court of Alabama · 1880
- Hope of Alabama Lodge of Odd Fellows v. ChamblessSupreme Court of Alabama · 1925
- Thompson v. CampbellSupreme Court of Alabama · 1876
- Barker v. BellSupreme Court of Alabama · 1861
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