Hoard v. Hoard's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Sumter. In tbe matter of the estate of Addison Hoard, deceased. The record shows, that letters of administration on the estate of said decedent were granted by said probate court, on the 19th April, 1859, to Preston G. Nash, who gave bond, and entered immediately on the discharge of the duties of the trust; and that on the 9th September, 1862, the said administrator filed a petition in said probate court, asking an order to sell the…
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Appeal from the Probate Court of Sumter. In tbe matter of the estate of Addison Hoard, deceased. The record shows, that letters of administration on the estate of said decedent were granted by said probate court, on the 19th April, 1859, to Preston G. Nash, who gave bond, and entered immediately on the discharge of the duties of the trust; and that on the 9th September, 1862, the said administrator filed a petition in said probate court, asking an order to sell the decedent’s lands for the purpose of making an equitable division among the heirs. The petition described the lands, of which the…
1Opinion of the CourtJudge, J.
The motion to dismiss the appeal in this case is predicated upon two grounds: 1st, that the purchaser of the land was not made a party on the appeal; and, 2d, that the amount of the purchase-money, for which the lands were sold, has been received, and is still held by the appellants, and that they are thereby precluded from the prosecution of an appeal from the order of sale.
The first ground is, we think, untenable. The appeal not being alone from the order of confirmation of the sale, the purchaser would be an improper party, he having no legitimate connection with other matters involved in…
2Cases cited17 opinions
- Cannon v. HemphillTexas Supreme Court · 1851
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Garner v. PrewittSupreme Court of Alabama · 1858
- Tarleton v. Goldthwaite's HeirsSupreme Court of Alabama · 1853
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Marks v. CowlesSupreme Court of Alabama · 1878
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- Jones v. WilsonSupreme Court of Alabama · 1875
- Robertson v. BradfordSupreme Court of Alabama · 1881
- Phillips v. TowlesSupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.