Gartman v. Lightner
Supreme Court of Alabama
Petition to Set Aside a Decree for Sale of Lands. Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Susannah J. Lightner and others to set aside a decree of sale made in the probate court three years before the filing of a petition but previous to the report of sale and confirmation. From an order setting the decree of sale aside, the respondents named in the petition appeal.
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Petition to Set Aside a Decree for Sale of Lands. Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Susannah J. Lightner and others to set aside a decree of sale made in the probate court three years before the filing of a petition but previous to the report of sale and confirmation. From an order setting the decree of sale aside, the respondents named in the petition appeal. R. M. Sands, as administrator of the estate of George W. Gartman, filed his petition for the sale of certain lands as the property of said Gartman for the purpose of paying the debts of…
1Opinion
*206On Rehearing.
DOWDELL, C. J.
Upon a reconsideration of this case, the majority of the court are of the opinion that the appeal lies, and that the application for a rehearing should he granted, and the judgment of dismissal of the appeal heretofore rendered set aside. The writer is of a contrary view, hut thinks the former opinion should be modified as to what was said in regard to* the decree of sale being interlocutory and not final. We were led into what was there said by expressions contained in the cited cases of Bland v. Bowie, 53 Ala. 152, and McQueen v. Grigsby, 152 Ala. 656, 44 South.…
2Cases cited5 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Cochran v. MillerSupreme Court of Alabama · 1883
- Gunter v. MasonSupreme Court of Alabama · 1899
- Adams v. WrightSupreme Court of Alabama · 1900
- McQueen v. GrigsbySupreme Court of Alabama · 1907