Johnson v. Johnson
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Bill by Alabama Johnson against Daniel Johnson, to restrain a writ of possession issued on a judgment in ejectment against her, and to declare a divorce decree rendered at her instance void. From a judgment sustaining demurrers to the bill complainant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Bill by Alabama Johnson against Daniel Johnson, to restrain a writ of possession issued on a judgment in ejectment against her, and to declare a divorce decree rendered at her instance void. From a judgment sustaining demurrers to the bill complainant appeals. The decree was a muniment of title because if the decree was void the wife took the land as a homestead on the death of her husband, and if valid, Daniel Johnson, the father, was the heir. A collusive decree of divorce is void. — Thompson v. Slate, 28 Ala. 12; Daniel v.…
1Opinion of the CourtSomerville, J.
Appellant filed her bill in the lower court for the purpose of enjoining the execution of a writ of possession issued against her in an ejectment suit in the Jefferson circuit court, wherein appellee-recovered a judgment against her for land which was the homestead of her deceased husband in his lifetime, and further to annul a certain decree of said court divorcing her from her said husband, and to declare her the owner of said property. The equity of the bill, in one or more essential aspects depends upon the alleged nullity of the decree of divorce or its nullification here for sufficient…
2Cases cited18 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Martin v. MartinSupreme Court of Alabama · 1911
- McDonald v. PearsonSupreme Court of Alabama · 1896
- McCall v. McCurdySupreme Court of Alabama · 1881
- Ex parte SmithSupreme Court of Alabama · 1859
13 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Metropolitan Casualty Ins. Co. v. BlueSupreme Court of Alabama · 1929
- Hayes v. HayesSupreme Court of Alabama · 1915
- Hall v. HallSupreme Court of Florida · 1927
- Cogburn v. CallierSupreme Court of Alabama · 1925
- Crimm v. CrimmSupreme Court of Alabama · 1924
37 more not listed; retrieve them via the Exa API.