Lamkin v. Reese
Supreme Court of Alabama
Error to the Chancery Court of Lowndes County. The bill was filed by the plaintiffs in error, and alledges that Edward Lassiter died seized and possessed, among other lands of,the N. W. quarter of Section 21, T. 15, R. 14, and that Geo. M. Reese, was administrator on his estate.
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Error to the Chancery Court of Lowndes County. The bill was filed by the plaintiffs in error, and alledges that Edward Lassiter died seized and possessed, among other lands of,the N. W. quarter of Section 21, T. 15, R. 14, and that Geo. M. Reese, was administrator on his estate. That James Taylor, in right of his wife, who was a daughter of Lassiter, presented to the Orphans’ Court a petition for the sale of the lands for the purpose of distribution, upon the ground that a sale would be more advantageous to the heirs than a division — in which petition the lands are correctly described. That…
1Opinion of the CourtOrmond, J.
— The argument of the counsel for the plain-. tiff in error, has been mainly directed to establish the position .that the "decree of the Orphans’ Court for the sale of the land, which the complainant purchased was absolutely void. That for the cause assigned for the sale of the land in the petition- to the Orphans’ Court, the personal representative of the deceased, should have been the actor, and not as in this case one of the heirs. We shall decline the examination of this question, because, conceding the argument to be true, the bill is fatally .defective.
The entire purpose of the bill is…
2Cases cited2 opinions
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