The Montgomery advertiser., 1908-02-13
Head Notes of the Decisions
 of the ALabama Supreme Court

feet or avoid a transfer of the mort gage covering the chattel, by the mort gagee.
 3. Same; transfer of mortgasee; ac- tion; nstruction.--Where the donee of a chattei brings an action therefor. and the defendant claims such ehatteIS un- der 8 mortgage executed by the donor. and the evidence on the issue of pay ment of the debt secured by the mort gage Is In conflict. and instruction stat ing the provisions of the mortgage as to the debt secured is not abstract or misleading.
 {. Trial; issues; question for jury Where the evidence was in conflict as to whether the mortgage was or was not satisfied, 1t became question for the jury to decide.
 2. 6ame instructions; invading pro- vince of Jury.--A charge asserting that. if the jury believe the evidence they would ind that the amounts paid on the mortgage exceeded the debt is properly refused as invading the pro- vince of the jury.
 s. Witnesses; contradiction; admis- aion.--Where person testified that he had paid off the debt secured by the mpTtgage 1t was competent to show that he had made admissions to the contrary.
 Appeal from Morgan Circuit Court. 2
 Affirmed. Opinion by DowdelI. I.
 Tyson, c. J., Simpson and Denson, J.J., concur.
 KING EFT AL V. GILREATH. Ejectment--( Decided June 25. 1907. 45
 So. Rep. ss.l (Rehearing denied
 December 1e. 1907)
 l. Executors and administrators. probate Jnrisdictfon; sale of land; col lateral attack.--Where Jurisdiction at tAchee In the probate court for the sale of land. errors intervening in the pro- ceedings leading up to the sale will not. on collateral attack, defeat the rights acquired under the sale.
 g. Judgment; conclusiveness; fnsol- yency of estate; effect.--The judicial declaration of the insolvency of an es- tate concludes the fact of insufficiency of both real and personal property to pay the. debts of the estate. so far as such proceedings can. under the stat ute.
 3. Executors and administrators; ap- plication for; sufficiency to give juris- diction.A-Under Sections s2e and 329, a petition for a sale of realty belonging to an estate for the payment of debts, which ayers that some years before the estate had been regularly declared ln- solvent. is sufficient to call into exer- else the Jurisdiction of the probate court to sell the land, although the averInents might have been insufficient on demurrer. on a direct attack.
 l. Same; effect of holding on other Question.--A holding, on a collateral att tack, that an averment that an estate had been iudicially declared insolvent some years before was sufficient to give the probate court jurisdiction of pro- eeedings to sell lands to pay debt, is not holding or decision as to the then financial condition of the estate.
 5. Same; sale. payment; sufflciency; credit of debt.--Where the sole creditor of the estate is the purchaser at the sale and the debt exceeds the amount of the bid. which was fair, and the costs of administration are provided for, the creditfng of the bid on the debt Is. in effect, cash payment, and confirmation of the sale by the court completes valid transfer of the legal title. notwithstanding the sale was or- dered to be for cash, and 1t Is the duty of the personal representative to act in strict accord with the directions of the court and the requirements of the law in enecting sale of land of an estate
 Appeal from Walker Circuit Court.
 Heard before Hon. A. A Coleman.
 Affirmed. Opinion by Mcclellan, I.
 Tyson, c. J.. Dowdell and Anderson. JJ., concur.