50 Ala. 401 | Ala. | 1874
The suit is ejectment, brought by the appellant against the appellee. The facts, are as follows:
Letters of administration, when granted by a probate court having jurisdiction to do so, exclude the probate court of every other county from the jurisdiction thereof, and extend to all the property of the deceased in the State. R. C. § 2014. Lands of an estate are to be sold by order of the probate court having jurisdiction of the estate. R. C. § 2221. They are to be sold, at such place in the county where they lie, as the judge of probate may direct; and if the land to be sold lies in one body, but in more than one county, it may be sold in either of the counties, in pursuance of, and by authority of a decree of the probate court of the proper county. R. C. § 2090. By reference to the act of the legislature, approved November 29,1860 (Acts 1859-60, p. 636), which is embodied in the last clause of R. C. § 2090, it will be seen that it is not the probate judge of either county who may order the sale of one body of land situated in two counties, but that land so situated may be sold in either county ; whereas, if it were not in one body, but in separate parcels, each parcel must be sold in the county where it lies. The probate court administering the estate of the decedent must grant the order, and appoint the place of sale, in all cases.
The title to land which descended to the heirs-at-law of a decedent is divested out of them, when, after a sale by the administrator, under a valid order of sale, a conveyance is executed to the purchaser under an order or decree directing title to be made. Bonner v. Greenlee, 6 Ala. 411; Lightfoot v. Lewis,
The judgment is reversed, and the cause remanded.