Miller v. Mayer
Supreme Court of Alabama
Appeal from Marengo Probate Court. Tried before Hon. S. G-. Woole. This case urns the application of Morris Mayer as the administrator of the estate of Allen Kornegay to the probate court for an order to sell lands of the estate to pay debts.
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Appeal from Marengo Probate Court. Tried before Hon. S. G-. Woole. This case urns the application of Morris Mayer as the administrator of the estate of Allen Kornegay to the probate court for an order to sell lands of the estate to pay debts. The facts fully appear in the opinion. — On the admission and rejection of evidence on the hearing of the application, appellant cited the following authorities. — 87 Ala. 727; Richardson v. Btringfellow, 100 Ala. 416; 96 Ala. 33; 6 Port. 121.
1Opinion of the CourtHahalson, J.
— Application to sell land to pay debts of an intestate.
“In cases of intestacy, lands may be sold by the administrator for the payment of debts, when the personal property is insufficient therefor.” — Code, § 156. The application for such purpose must be made by the administrator, Aerified by affidavit, to the probate court having jurisdiction of the estate, and Avhat the application must contain is prescribed by section 158 of the Code. The burden is on the applicant to “shoAV to the court that the personal property of-the estate is insufficient for *436the payment of debts; and such proof — as…
2Cases cited9 opinions
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Cotton v. HollowaySupreme Court of Alabama · 1893
- Davis v. TarverSupreme Court of Alabama · 1880
- Quarles v. CampbellSupreme Court of Alabama · 1882
- Garrett v. BrunerSupreme Court of Alabama · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Black v. PateSupreme Court of Alabama · 1900
- Brandon v. Progress Distilling Co.Supreme Court of Alabama · 1910
- Kornegay v. MayerSupreme Court of Alabama · 1902
- Liberty National Life Insurance Co. v. HarrisonSupreme Court of Alabama · 1962
- Curtis v. HuntSupreme Court of Alabama · 1909
3 more not listed; retrieve them via the Exa API.