51 Ala. 514 | Ala. | 1874
—In this action, the issue is, whether the title to the land was divested out of - the plaintiff, by a sale
The bill of exceptions speaks of a conveyance made to the defendant by the guardian, and refers to an exhibit of the proceedings in the probate court as showing it. The exhibit shows the sale, to the defendant, and its confirmation, and a report of his having paid the purchase-money. But it contains no order to make titles; and no deed from the guardian is found in the transcript.
1. It was very clearly decided in Bonner v. Greenlee (6 Ala. 411), that the title of the heir-in-law is not divested by an administrator’s sale, without a decree directing the title to be conveyed, and an actual conveyance. The guardian’s authority over the real estate of his ward is no greater in this respect than an administrator’s. A purchaser of land cannot defeat ejectment by his vendor, who retained the title, notwithstanding his payment of the entire purchase-money. Collins v. Robinson, 33 Ala. 91. Without regard to the equity of the case, the legal title must control the judgment in this action. It was not proved to have passed out of the plaintiff.
The judgment is reversed, and the cause remanded.