Mayer v. Kornegay

• Decision Date: 10 November 1909
• Parties: MAYER v. KORNEGAY ET AL.
• Court: Alabama Supreme Court

50 So. 880

163 Ala. 371

MAYER v. KORNEGAY ET AL.

Supreme Court of Alabama

November 10, 1909

Appeal from Circuit Court, Marengo County; John T. Lackland, Judge.

Ejectment by Morris Mayer, as administrator of Allen Kornegay, against Thornton Kornegay and others. Judgment for defendants, and plaintiff appeals. Affirmed.

The following is the agreed statement of facts: That Morris Mayer duly qualified as the administrator of Allen Kornegay, and letters of administration were duly issued to him out of the probate court of Marengo county, Ala., on the 30th day of June, 1896. That Allen Kornegay died seised and possessed of and was the owner of, the lands sued for in the complaint. That said Morris Mayer has made no settlement of his administration, and that said Allen Kornegay's estate owes debts. That the defendants are heirs at law of said Allen Kornegay. That the following named persons are the heirs at law, and the only heirs at law, of the said Allen Kornegay, and that they are joint owners or tenants in common of the lands described in the complaint, and own interests therein as follows: Thornton Kornegay, over 21 years of age and owns an undivided one-sixth interest in said land; Polly Kornegay, over 21 years, and owns one-sixth undivided interest; Julia Kornegay, over 21, and owns one-sixth undivided interest; Eveline Kornegay, of full age, but of unsound mind, and owns one-sixth undivided interest; Eliza Allen, over 21, and owns one-sixth undivided interest; Eliza Kornegay, over 21, and owns one-twelfth undivided interest Cheney Kornegay, over 21, and owns one-twelfth undivided interest. That it has been regularly adjudicated on a petition by plaintiff, to which defendants were parties, by the probate court of Marengo county, Ala., that said lands could not be subjected to the payment of debts of the estate of Allen Kornegay, and that no new debts have arisen since the adjudication. That none of said heirs of Allen Kornegay have requested or desired any partition of said lands, or any sale of them for division among the heirs. That said estate of Allen Kornegay is ripe for a final settlement, except that there are certain alleged debts due by it, being the same debts as to which the probate court has regularly held in a proper proceeding that said lands could not be sold to pay them. That said Morris Mayer has no right, title, or interest in said lands, except as such administrator, and no right to recover the same, except for purposes of administration, if any such there be.

Taylor & Hearing and C. K. Abraham, for appellant.

J. M Miller and De Graffenried & Evins, for appellees.

MAYFIELD J.

This is a statutory action in the nature of an action of ejectment brought by appellant, as administrator, against appellees, the heirs of the intestate, to recover the lands of such intestate. The case was tried by the court without a jury on an agreed statement of facts, which the reporter will set out in the report of this case. The court rendered judgment for the heirs, and against the personal representative. From that...