Gayle's Adm'r v. Johnston
Supreme Court of Alabama
Appeal from the Probate Court of Dallas. Tried before the Hob. P. G. "Wood. In the matter of the petition of Anna M. Gayle, as the ad-ministratrix of the estate of Lou Peese Gayle, deceased, for an order to sell lands for the payment of debts.
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Appeal from the Probate Court of Dallas. Tried before the Hob. P. G. "Wood. In the matter of the petition of Anna M. Gayle, as the ad-ministratrix of the estate of Lou Peese Gayle, deceased, for an order to sell lands for the payment of debts. The petition was filed on the 18th August, 1881, and alleged, “that said decedent died intestate; that the personal property of the estate is insufficient to pay the debts thereof; that the lands of said estate, which it is desirable to sell for the payment of the debts thereof, are an undivided one-fifth interest in the lands of the estate of Mrs. Mary…
1Opinion of the Court
BRICKELL, O. J.'
It may be conceded to the appellant,, that a plea of the statute of limitations of three years should aver the cause of action is an open account, and, if the averment is omitted, the plea is demurrable. But, in a proceeding of this character, in the Court of Probate, to subject lands devised or descended to the payment of debts, the formal pleadings pertaining to courts of law or equity are not contemplated, nor are they usual or practical. The application of the personal representative is sufficient, if in general terms it avers the existence of debts against the' ancestor;…
2Cases cited10 opinions
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Teague v. CorbittSupreme Court of Alabama · 1877
- Scott v. WareSupreme Court of Alabama · 1879
- Caruthers v. Mardis' adm'rsSupreme Court of Alabama · 1842
- Heirs of Bond v. SmithSupreme Court of Alabama · 1841
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3Cited by23 opinions
- Norton v. LiddellSupreme Court of Alabama · 1967
- In Re Estate of MacFarlineSupreme Court of Oklahoma · 2000
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
- Hood v. LeagueSupreme Court of Alabama · 1893
- Riley v. McElroySupreme Court of Alabama · 1945
18 more not listed; retrieve them via the Exa API.