Durham v. Mims

SIMPSON, Justice.

This appeal is from an interlocutory decree overruling a demurrer to a bill in equity. The complainants are collateral heirs at law of one Bill Mims, deceased, one of them a brother and the others nephews and niece of decedent. The purpose of the bill is to set aside a decree of the probate court granting the application of the widow of the decedent to have the homestead of decedent set apart to her under Code 1940, Tit. 7, § 694, and to cancel a deed thereafter made by the widow to the respondents Durham, conveying the homestead property. The Durhams are made respondents to…