Page v. Matthews' Adm'r
Supreme Court of Alabama
Appeal from tbe Probate Court of Russell. In tbe matter of tbe estate of Matthew Matthews, deceased, on tbe application of Milton J. Moore, tbe administrator, for an order to sell tbe real estate for tbe purpose of making a fair and equitable division among tbe heirs-atlew Tbe petition was filed on tbe 21st September, 1864. An order for tbe sale of tbe lands was made on tbe 14th November, 1864. Tbe sale was made under tbe order, and was reported to tbe court on tbe 1st…
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Appeal from tbe Probate Court of Russell. In tbe matter of tbe estate of Matthew Matthews, deceased, on tbe application of Milton J. Moore, tbe administrator, for an order to sell tbe real estate for tbe purpose of making a fair and equitable division among tbe heirs-atlew Tbe petition was filed on tbe 21st September, 1864. An order for tbe sale of tbe lands was made on tbe 14th November, 1864. Tbe sale was made under tbe order, and was reported to tbe court on tbe 1st December; but tbe court refused to confirm it, and ordered a re-sale. A second sale was made on tbe 2d January, 1865, which…
1Opinion of the CourtA. J. Walkeb, C. J.
The decree of the probate court in this case was rendered on the 14th November, 1864. The appeal was taken on the 25th June, 1866 ; and a motion is made to dismiss it, upon the ground that it is barred by the statute of limitations.
On the 21st February, 1866, an act was approved, which is in the following words : “From any decree or judgment of the court of probate, rendered since the 11th day of January, 1861, and prior to the 25th September, 1865, any person having an interest therein, and aggrieved thereby, may appeal therefrom, in the manner, and to the circuit or supreme court, as now…
2Cases cited1 opinion
- Jones v. JonesSupreme Court of Alabama · 1850
3Cited by4 opinions
- Lawson v. JeffriesMississippi Supreme Court · 1873
- Harris v. MooreSupreme Court of Alabama · 1882
- Todd v. Neal's AdministratorSupreme Court of Alabama · 1873
- Alvord, Kellogg & Campbell v. LittleSupreme Court of Florida · 1877