Eatman v. Eatman

Decision Date28 February 1888
Citation3 So. 850,83 Ala. 478
PartiesEATMAN ET AL. v. EATMAN ET AL.
CourtAlabama Supreme Court

Appeal from probate court, Greene county; W. C. OLIVER, Judge.

This was an application by Walter F. Eatman, as administrator of the estate of Mrs. Mary Eatman, deceased, for an order to sell a tract of land, on the ground that it could not be equitably divided among the heirs without a sale. Mrs. Eatman was the widow of Thomas Eatman, who died in the year 1883 and whose estate was declared insolvent on the 13th April 1885. The tract of land, a sale of which was sought, and which contained 160 acres, was allotted by the sheriff, in June, 1876, to said Thomas Eatman, as an exempt homestead and he remained in possession of it as his homestead, until his death. After his death, the widow continued in possession of the land, claiming it as her homestead, "under regular proceedings," on the 27th February, 1885. At the time of her marriage with Thomas Eatman, Mrs. Eatman was the widow of William Eatman, by whom she had several children and she had two children by her second marriage, one of whom was the administrator. The petition, which was filed on the 9th September, 1887, alleged these facts, and stated the names, ages, etc., of all the children and their descendants insisted that only the children of the second marriage-that is, the administrator, and the children of his deceased brother-were entitled to share in the lands, but alleged, also, "that said lands cannot be equitably divided among said heirs, whether all should be held entitled to share, or only" the children of the second marriage. The adult defendants, children of the first marriage, and the guardian ad litem of the infants, grandchildren of William Eatman, filed a demurrer to the petition, on the ground that it did not state who were the heirs, but showed that there was a controversy between different claimants as to their respective shares and interests; and they filed a plea denying the jurisdiction of the court, on the facts stated in the petition. The court overruled a demurrer to the petition, and sustained a demurrer to the plea; and on the evidence adduced,-the depositions of two witnesses taken on interrogatories,-granted an order of sale as prayed, but declined to decide on the respective rights of the children as among themselves. The defendants appeal from this decree, and assign it as error, together with the rulings on the demurrer. The administrator sold the land under this order, becoming himself the purchaser, at the price of six dollars per acre, or $960, for which he executed two promissory notes, with sureties, as required by the terms of the decree; and he made due report of the facts to the court. The defendants resisted the confirmation of the sale, on the...

To continue reading

Request your trial
5 cases
  • Purcell v. Sewell
    • United States
    • Alabama Supreme Court
    • 26 Marzo 1931
    ...which intestate inherited-by descent, devise, or gift-as contradistinguished from other methods of its acquirement. In Eatman v. Eatman, 83 Ala. 478, 3 So. 850 (where estate came to the wife as a homestead), it was held there were two sets of children that stood in the same degree; Stallwor......
  • Craven v. State
    • United States
    • Alabama Court of Appeals
    • 22 Marzo 1927
  • Roy v. O'Neill
    • United States
    • Alabama Supreme Court
    • 2 Junio 1910
    ... ... correct judgment, we cannot say that the court erred in ... refusing to confirm." Eatman v. Eatman, 83 Ala ... 478, 3 So. 850 ... Next, ... as to the presumption in favor of the report of the register, ... the writer ... ...
  • Hendrix v. Francis
    • United States
    • Alabama Supreme Court
    • 15 Mayo 1919
    ...Montague et al. v. International Trust Co., 142 Ala. 544, 38 So. 1025; Glennon v. Mittenight, 86 Ala. 455, 5 So. 772; Eatman v. Eatman, 83 Ala. 478, 3 So. 850; v. Allen, 80 Ala. 154; Thornton v. Highland, etc., R.R. Co., 94 Ala. 353, 10 So. 442; Hurt et al. v. Naves, Adm'r, 49 Ala. 460; Ken......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT