Douglas v. Bishop
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Bill in equity by G. S. Douglas and others against Queenie Bishop. Decree sustaining demurrers to bill, and complainants appeal. This bill was filed by the appellants against the appellee to have canceled and set aside a decree of the probate court of Walker county, setting aside to the respondent in the court below certain lands therein described, consisting of 160 acres, as a homestead.
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Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Bill in equity by G. S. Douglas and others against Queenie Bishop. Decree sustaining demurrers to bill, and complainants appeal. This bill was filed by the appellants against the appellee to have canceled and set aside a decree of the probate court of Walker county, setting aside to the respondent in the court below certain lands therein described, consisting of 160 acres, as a homestead. It is shown by the bill that respondent was formerly the wife of one George Douglas, deceased, and that there were no children by said marriage;…
1Opinion of the CourtGardner, J.
It is ■ not questioned that the petition of the widow, respondent in this cause, seeking to have set aside the property of the decedent, George Douglas, as exempt to her, contained all the necessary averments, and came directly within the provisions of section 4224 of the Code of 1907, providing for setting apart to the widow ?md minor child, or children, exemptions allowed by law to them when n'o administration has been had on the estate within 60 days after the death of the decedent. Nor is the regularity of the subsequent proceedings in the probate court in any manner questioned.
[1] It is…
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