Cotton v. Holloway
Supreme Court of Alabama
Appeal, from tbe Probate Court of Pike. Heard before tbe Hon. W. J. Hilliard. On November 14, 1891, W. H. Holloway and others, as heirs at law of George E. Holloway, deceased, filed their petition in the Probate Court of Pike county, to vacate and set aside the decree of that court rendered on the 14th day of July, 1884, for the sale of certain real estate belonging to the estate of said decedent.
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Appeal, from tbe Probate Court of Pike. Heard before tbe Hon. W. J. Hilliard. On November 14, 1891, W. H. Holloway and others, as heirs at law of George E. Holloway, deceased, filed their petition in the Probate Court of Pike county, to vacate and set aside the decree of that court rendered on the 14th day of July, 1884, for the sale of certain real estate belonging to the estate of said decedent. The ground of this petition was that the petition of the administrator, upon which said order of sale was made, did not allege the necessary facts to give the Probate Court jurisdiction of the…
1Opinion of the CourtThorington, J.
Upon the death, of the ancestor, intestate, his real property vests eo instanti in his heirs, subject to the payment of debts, and to the statutory powers conferred upon the administrator of his estate. The power to sell the real property of a deceased person for the payment of the debts of the estate is conferred by the statute exclusively upon the administrator, or the executor when no power of sale is contained in the will, and is made to depend on the insufficiency of the personal property for that purpose, and upon the obtaining of an order of sale by proceedings in the Probate Court…
2Cases cited24 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Haynes v. MeeksCalifornia Supreme Court · 1862
19 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Welch v. FochtSupreme Court of Oklahoma · 1918
- Ex parte BizzellSupreme Court of Alabama · 1895
- Singo v. McGheeSupreme Court of Alabama · 1909
- Miller v. ThompsonSupreme Court of Alabama · 1923
- Lessley v. PraterSupreme Court of Alabama · 1917
14 more not listed; retrieve them via the Exa API.