Hull v. Rawls
Mississippi Supreme Court
On appeal from the probate court of Kemper county; Hon. James F. Bohannon, judge of the probate court of Kemper county. Margaret Rawls filed her petition in the probate court of the county of Kemper, A. d. 1851, at the October term, for dower in the personalty of James C. Rawls, deceased.
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On appeal from the probate court of Kemper county; Hon. James F. Bohannon, judge of the probate court of Kemper county. Margaret Rawls filed her petition in the probate court of the county of Kemper, A. d. 1851, at the October term, for dower in the personalty of James C. Rawls, deceased. James W. Hull, being the administrator of said Rawls, came in and resisted the said application for dower, on the ground that petitioner was not the wife of said Rawls, but that said Rawls had a at the time he pretended to marry said petitioner; to establish which fact he introduced one G. W. Mobery, who…
1Opinion of the CourtJustice Fisher
This was a petition filed by the appellee, as .the widow of James C. Rawls, deceased, in the probate court of Kemper county, praying the court to cause to be set apart to her the portion of her deceased husband’s estate to which she is entitled under the statute.
The defence relied on was, that the petitioner intermarried with Rawls at a time when he had another wife living, and that therefore the marriage was void in law. The question for decision is one purely of fact, depending upon the weight of evidence.
The petitioner’s proof consists of the record of the marriage made in the office of…
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