50 Ala. 95 | Ala. | 1873
This case is precisely similar to the case of Hickson et al. v. Lingold et al., decided at the January term of this court, 1872. In that case, Chief Justice Peck, delivering the opinion of the court, says: “ Where executors sell the lands of their testator, under an order of sale by the probate court for that purpose, if the vendee gives his notes for the purchase-money, and is let into and retains the possession of the premises, he cannot, at law, defend an action by the executors
Therefore, upon authority of the case of Hickson v. Lingold (47 Ala. 449), the judgment of the court below is reversed, and the cause remanded. '