Balkam v. Woodstock Iron Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE NORTHERN DISTRICT OF ALABAMA. The plaintiffs in error, as heirs of Samuel P. Hudson, brought two suits of ejectment for the recovery of certain lands. By agreement, the suits were consolidated and'tried as one.
Read the full summary
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE NORTHERN DISTRICT OF ALABAMA. The plaintiffs in error, as heirs of Samuel P. Hudson, brought two suits of ejectment for the recovery of certain lands. By agreement, the suits were consolidated and'tried as one. After judgment on verdict in' favor of the defendants, the case was brought here by writ of error. ' Samuel P. Hudson, a resident of Oalhoun County, in the State of Alabama, died intestate in August, 1863. At the time of his death he was seized of certain parcels of land in Calhoun County. He left a widow, Kezia A. Hudson,- and…
1Opinion of the CourtJustice White
The plaintiffs rest their ease upon an attack upon the pro bate proceedings, which they assert to be absolutely void, 1st, because the proof as to the necessity of the saie was not “ taken by deposition, as in chancery cases; ” and, 2d, because there was no order of the court authorizing the administrator to make a deed of the property to the purchaser. The first contention is based upon the language of the decree of sale, which is as follows: “ And thereupon said administrator introduces witnesses to sustain the same, and after hearing all the testimony in the case, the court is of opinion,”…
2Cases cited24 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Burgess v. SeligmanSupreme Court of the United States · 1883
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Patton's Lessee v. EastonSupreme Court of the United States · 1816
- Sohn v. WatersonSupreme Court of the United States · 1873
19 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Moore v. Illinois Central RailroadSupreme Court of the United States · 1941
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Forsyth v. HammondSupreme Court of the United States · 1897
- Great Western Telegraph Co. v. PurdySupreme Court of the United States · 1896
- Edward Hines Yellow Pine Trustees v. MartinSupreme Court of the United States · 1925
27 more not listed; retrieve them via the Exa API.