King v. Gilreath

• Decision Date: 03 June 1909
• Citation: 49 So. 860,162 Ala. 113
• Parties: KING v. GILREATH.
• Court: Alabama Supreme Court

49 So. 860

162 Ala. 113

KING v. GILREATH.

Supreme Court of Alabama

June 3, 1909

Appeal from Probate Court, Walker County; James W. Shepherd, Judge.

Suit between Ed W. King and Belton Gilreath, trustee. From a decree of the probate court refusing to vacate a decree, the former appeals. Affirmed.

Smith & Smith, for appellant.

Bankhead & Bankhead, for appellee.

ANDERSON, J.

This appeal presents for review the same decree of the probate court as was considered in the case between the same parties and reported in 45 So. 89; the present proceeding merely attacking the said decree in a different manner. It was heretofore held that this decree was not void; but appellant contends that the failure to give the heir notice of the application for sale, made after the insolvency of the estate, was not so fully argued as upon the present appeal. In reply we will say the probate court had no right to vacate this decree unless it was void, and we think the following cases sustain the action of the lower court in overruling the appellant's motion to vacate the said decree: Friedman v. Shamblin, 117 Ala. 466, 23 So. 821; Satcher v. Satcher's Adm'r, 41 Ala. 26, 91 Am. Dec. 498; Pettus v. McClennahan, 52 Ala. 57.

The decree of the probate court is affirmed.

Affirmed.

DOWDELL, C.J., and McCLELLAN and SAYRE, JJ., concur.