74 Ala. 310
Decided December 15, 1883
Supreme Court of Alabama · decided 1883-12-15
Heard before the Hon. A. Woods. The record in this case shows that, on the 14th June, 1882, Mrs. M. C. Sorrell filed her petition in said Probate Court, claiming a homestead exemption in the lands of her deceased husband, S. D. Cochran, for the benefit of herself and two infant children who resided with her, and praying the appointment of commissioners to set apart and allot such homestead to her; that said court, on the same day the petition was filed, appointed six…
Cited by 1 later decisions — most recently December 1886
1 state decisions
Relies on Baker v. Keith · Kelly v. Garrett · Farley v. Riordon
Good law ✅— No negative treatment on recordhow we know
Decided 1883-12-15
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¶1— The decree of the Probate Court must be reversed, on the authority of Kelly v. Garrett, 67 Ala. 304; Baker v. Keith, 72 Ala. 121; and Farley v. Riordon, 72 Ala. 128. Exceptions or objections to the allotment of a homestead having been interposed by the administrator, it was the duty of the Probate Court to have certified them to the Circuit Court for trial, and not to have entertained jurisdiction to hear and determine them.
¶2Keversed and remanded.