Legal Opinion

Wilkinson v. Wilkinson

Supreme Court of Alabama

Decided November 15, 1900PublishedCited by 20 opinions

Appeal from the Chancery Court- of Butler. Heard before the Hon. William L. Parks. The bill in this case was originally filed on November 15, 1892, by W. W. Wilkinson by next friend, against H. A. Wilkinson, Harriet Weil, Abraham Weil and Emanuel Lehman.

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Appeal from the Chancery Court- of Butler. Heard before the Hon. William L. Parks. The bill in this case was originally filed on November 15, 1892, by W. W. Wilkinson by next friend, against H. A. Wilkinson, Harriet Weil, Abraham Weil and Emanuel Lehman. It alleged that said W. W. Wilkinson was a non compos mentis, and had become insane during 1880, and had been carried to and detained at the asylum for a long period, and was never subsequently of sound mind, but there is no allegation that he was ever adjudged insane. It is further alleged that in July, 1885, H. /. Wilkinson, a son of W. W.…

1Opinion of the CourtTyson, J.

The bill seeks to have certain conveyances declared void and cancelled. The material allegations of the bill upon •which this relief is predicated may be stated to be these: That during the year 1880, the complainant was taken violently ill and became insane, and has never subsequent to said date been compos men-tis or of sound mind; that in July, 1885, he executed to his son, H. /. Wilkinson, a deed to certain real estate while he was insane, and incapacitated and incapable of contracting; that H. Z. Wilkinson, in 1888, executed a mortgage to his co-respondents’ testator. It sufficiently…

2Cases cited11 opinions

  1. Curry v. PeeblesSupreme Court of Alabama · 1887
  2. Green v. StateSupreme Court of Alabama · 1880
  3. Dougherty v. PoweSupreme Court of Alabama · 1900
  4. Brown v. HunterSupreme Court of Alabama · 1898
  5. Tyson v. BrownSupreme Court of Alabama · 1879

6 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Davidson v. BrownSupreme Court of Alabama · 1926
  2. Metropolitan Life Ins. Co. v. BramlettSupreme Court of Alabama · 1932
  3. Mitchell v. BaldwinSupreme Court of Alabama · 1908
  4. Scott v. LeigeberSupreme Court of Alabama · 1944
  5. Sellers v. KnightSupreme Court of Alabama · 1913

15 more not listed; retrieve them via the Exa API.

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