Ganey v. Sikes
Supreme Court of Alabama
Appeal from the Chancery Court of Crenshaw. Heard before the Hon. John A. Foster. The bill in this case was filed on the 13th August, 1879, by Thomas A. Sikes, against N. J. Ganey and others, as heirs at law and distributees of the estate of Walter D. Compton, deceased ; and sought the reformation of a conveyance, by the correction of an alleged mistake in the description of the government numbers and subdivisions of the land, which liad been sold on the 20th January, 1869,…
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Appeal from the Chancery Court of Crenshaw. Heard before the Hon. John A. Foster. The bill in this case was filed on the 13th August, 1879, by Thomas A. Sikes, against N. J. Ganey and others, as heirs at law and distributees of the estate of Walter D. Compton, deceased ; and sought the reformation of a conveyance, by the correction of an alleged mistake in the description of the government numbers and subdivisions of the land, which liad been sold on the 20th January, 1869, by the administrator of said Compton’s estate, under an order and decree of the Probate Court, and which the complainant…
1Opinion of the CourtSomeryille, J.
— The Chancery Court of this State, apart from the power conferred expressly by the Code, would probably have no jurisdiction to correct a misdescription of lands in a deed made by an executor or administrator under authority of the Probate Conrt, where an order of sale has been granted on application to sell the lands of a decedent. — Rogers v. Abbott, 37 Ind. 138 ; Rice v. Poynter, 15 Kans. 263. However this may be, this particular jurisdiction is conferred, in express terms, by sections 3840 and 3841 of the present Code (1876)’, when it is made to appear, by proper allegations and proof,…
2Cases cited2 opinions
- Rogers v. AbbottIndiana Supreme Court · 1871
- Rice v. PoynterSupreme Court of Kansas · 1875
3Cited by6 opinions
- Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
- Comer v. HartSupreme Court of Alabama · 1885
- Brown v. WilliamsSupreme Court of Alabama · 1888
- Gomez v. GomezSupreme Court of Alabama · 1908
- Ganey v. SikesSupreme Court of Alabama · 1887
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