Lingen v. Lingen
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. Adam C. Eelder. In tbe year 1855, Dr. George Lingen, a citizen of Alabama, then and at the time of his death, domiciled at Mobile, begat appellant by Appoline Bock, who, at the time appellant was conceived, lived at Mobile, but shortly after-wards went to France, where appellant was born December 1, 1855. Appellant was both begotten and born out of lawful wedlock, and Dr. Lingen and Appoline Bock were never married.
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Appeal from Chancery Court of Mobile. Heard before Hon. Adam C. Eelder. In tbe year 1855, Dr. George Lingen, a citizen of Alabama, then and at the time of his death, domiciled at Mobile, begat appellant by Appoline Bock, who, at the time appellant was conceived, lived at Mobile, but shortly after-wards went to France, where appellant was born December 1, 1855. Appellant was both begotten and born out of lawful wedlock, and Dr. Lingen and Appoline Bock were never married. In the year 1859, Dr. Lingen, who was then in France, acknowledged appellant as his legitimate son, according to the forms…
1Opinion of the CourtPeck, C. J.
The defendant’s demurrer to the complainant’s bill of complaint very fairly presents the question of its equity, and this question depends upon the legal effect of complainant’s alleged legitimation in France, as stated and set forth in the bill of complaint.
If it be admitted that he thereby became entitled to all the rights of a legitimated child of his deceased father in that country, does it have the effect to remove the disabilities of his illegitimacy in this State, and entitle him as an heir and distributee, to share with the defendants the estate of his deceased father in Alabama, the…
2Cited by25 opinions
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- A----. B v. C----. DIndiana Court of Appeals · 1971
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- Irving v. FordMassachusetts Supreme Judicial Court · 1903
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