Legal Opinion

Pollard v. Hanrick

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 13 opinions

Appeal from the Circuit Court of Butler. Tried before the Hon. Jno. P. Hubbard. This action was brought by Mary Pollard and others, against John M. Hanrick and others, to recover a tract of land particularly described in the complaint, with damages for its detention; and was' commenced on the 24th May, 1881. The' plaintiffs claimed as the heirs at law of Amanda R. Earnest, "deceased, who was seized and possessed of the land at the time of her death, the date of which is not…

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Appeal from the Circuit Court of Butler. Tried before the Hon. Jno. P. Hubbard. This action was brought by Mary Pollard and others, against John M. Hanrick and others, to recover a tract of land particularly described in the complaint, with damages for its detention; and was' commenced on the 24th May, 1881. The' plaintiffs claimed as the heirs at law of Amanda R. Earnest, "deceased, who was seized and possessed of the land at the time of her death, the date of which is not shown by the record ; while the defendants claimed the portions of which they were respectively in possession, and for…

1Opinion of the CourtSomerville, J.

— The action is one of ejectment under the statute, brought by the plaintiffs claiming as the heirs of Amanda R. Earnest. The defendants claim title under one Gamble, who purchased the lands in controversy at an administrator’s sale, under an order of the Probate Court made for distribution.

It is insisted, in the' first place, that the order of sale made by the Probate Court was void for want of jurisdiction, because the petition filed by the administrator was fatally defective in its allegations. The statute provides, that a sale of lands for distribution may be made when such lands “can not…

2Cases cited9 opinions

  1. Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
  2. King v. Kent's HeirsSupreme Court of Alabama · 1857
  3. Bland v. BowieSupreme Court of Alabama · 1875
  4. Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
  5. Wright's Heirs v. WareSupreme Court of Alabama · 1874

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Martin v. MartinSupreme Court of Alabama · 1911
  2. Whitlow v. EcholsSupreme Court of Alabama · 1884
  3. Reddick v. LongSupreme Court of Alabama · 1899
  4. Green v. JordanSupreme Court of Alabama · 1887
  5. Birmingham Electric Co. v. Alabama Public Service CommissionSupreme Court of Alabama · 1950

8 more not listed; retrieve them via the Exa API.

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