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42 Ala. 452

Carter v. Waugh

Supreme Court of Alabama

Decided January 15, 1868

Supreme Court of Alabama · decided 1868-01-15

This was a petition, by John C. Carter, to the probate court of Montgomery county, praying the court to set aside and declare void a decree or order of said court, previously made, for the sale of the lands belonging to the estate of John Beasley, deceased, on the petition of Frances C. Beasley, widow and administratrix of said John Beasley, deceased, who afterwards intermarried with James L. Waugh.

Relies on Renfro v. Heard

Good law ✅— No negative treatment on recordhow we know

Decided 1868-01-15

How this case has been cited

Cited by 3 later decisions — most recently December 1921

3 state decisions

101868187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BYRD, J.

¶11. The order of sale is not void, if Satcher v. Kirkland, Adm'r, 14 Ala. 26, is to stand as authority» It has been on several occasions cited and re-affirmed, and is now again recognized.

¶2It is true, that the depositions appear upon their face to have been irregularly and imperfectly taken and returned to the court of probate, but this does not render the order of sale void. Besides, the order of sale judicially ascertains every matter necessary to show their regularity as against an attack of the kind made in this case.

¶32. I do not think the petition of appellant and exhibits, show a case which would have authorized the court below to set aside the sale after it had been confirmed by the probate court.

¶4Hence, the demurrer was properly sustained, and the petition dismissed.

¶5We have not thought it necessary to decide whether a purchaser in such a case as this, has the right to apply to the probate court to set aside a sale made under it, after the sale has been confirmed. We are inclined to the opinion that he has not; but prefer to leave both questions as they now stand, as it is not necessary to say more at this time.

¶6Affirmed.

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