Matheson's Heirs v. Hearin
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wade Keyes. William MathesoN died, in 1836, in Clarice county, Alabama; and by his will, which was duly probated, specifically devised certain lands to his three daughters, Maria, Flora, and Caledonia. Letters of administration, cum test, ann., were granted on his estate, in 1831, to John Darrington and John Murphy; and on the death of Murphy, in 1842, Dar-rington became sole administrator.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Wade Keyes. William MathesoN died, in 1836, in Clarice county, Alabama; and by his will, which was duly probated, specifically devised certain lands to his three daughters, Maria, Flora, and Caledonia. Letters of administration, cum test, ann., were granted on his estate, in 1831, to John Darrington and John Murphy; and on the death of Murphy, in 1842, Dar-rington became sole administrator. On the 28th October, 1844, Darrington, as administrator, and the widow of said Matheson, filed a petition in said orphans’ court, praying a…
1Opinion of the CourtRice, C. J.
We understand the appellants to put their right to a reversal of the decree of the chancellor, upon the two following propositions: 1. That the orphans’ court had no jurisdiction to order the salo, under which the appellees claim the land in controversy. 2. That, even if it had jurisdiction, the sale itself can be collaterally impeached for mere irregularities, such as the omission of the administrator to give the notice of the sale directed by law, ¿so. If either of these propositions be correct, the decree of the chancellor must be reversed; otherwise, it must be affirmed.
The orphans’ court…
2Cases cited2 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Lightfoot v. Doe, on the Demise of the Heirs of LewisSupreme Court of Alabama · 1840
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- Newlin, Fernley & Co. v. McAfeeSupreme Court of Alabama · 1879
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