Legal Opinion

McDaniel v. McDaniel

Supreme Court of Alabama

Decided April 12, 1917PublishedCited by 3 opinions

Appeal from Lauderdale Probate Court. Heard before Hon. J. F. Koonce. From a decree confirming homestead allotment as reported by the commissioners Thomas W. McDaniel appeals.

1Opinion of the CourtMayfield, J.

This is an appeal from a decree of the probate court of Lauderdale county, confirming the report of the commissioners who set aside and allotted a homestead to the widow, out of the estate of her deceased husband, as is authorized by statute. — Code, §§ 4205-4230. The statute authorizing appeals from such decree (section 4216 of the Code) requires the appeal to be taken within 20 days. The appeal in this case was not taken within the prescribed time. The decree appealed from was of date April 25, 1916, and the appeal 'was not taken until May 22, 1916.

It may not be out of place to say that the…

2Cited by3 opinions

  1. Herring v. GriffinSupreme Court of Alabama · 1924
  2. Jones v. HubbardSupreme Court of Alabama · 1922
  3. Tatum v. WilliamsSupreme Court of Alabama · 1935

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