Wilson v. Holt
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. Tbe bill in this case was filed on the 29th January, 1883, by "Waldo P. "Wilson, only surviving child and heir at law of Hr.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. Tbe bill in this case was filed on the 29th January, 1883, by "Waldo P. "Wilson, only surviving child and heir at law of Hr. Bobert S. Wilson, deceased, against James L. Holt, B. W. Sharp, J. C. Gibson and G. H. Gibson; and sought, principally, to establish and enforce the complainant’s right and title to an undivided half interest in a large tract' of land near the city of Montgomery, which he claimed under the provisions of an alleged ante-nuptial contract 'between his father and Mrs. Emmeline S. Chambliss,…
1Opinion of the CourtSomebyille, J.
— 1. If the marriage-contract, alleged in the bill to have been executed ante-nuptially between Mrs. Chambliss and Dr. B. S. Wilson, on November 11th, 1861, be satisfactorily proved by the testimony, it created an equitable title in favor of said Wilson, to an undivided one-half of the land in controversy, which he subsequently held as a tenant in common with her, although she was his wife. This was decided on the last appeal of this cause. — Holt v. Wilson, 75 Ala. 58. The complainant shows that he, as the sole surviving heir, is entitled to this interest of his father, if any thing.
2. A…
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