Locklayer v. Locklayer
Supreme Court of Alabama
Appeal from tlie Probate Court of Lawrence. Heard before the Hon. J. G. Kumpe. The proceedings in this case were had upon a petition being filed by the appellant, Nancy Locklayer. in the probate court of Lawrence county, asking to have the personal property belonging to the estate of her deceased husband, Jackson Locklayer, set apart to her as exempt.
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Appeal from tlie Probate Court of Lawrence. Heard before the Hon. J. G. Kumpe. The proceedings in this case were had upon a petition being filed by the appellant, Nancy Locklayer. in the probate court of Lawrence county, asking to have the personal property belonging to the estate of her deceased husband, Jackson Locklayer, set apart to her as exempt. It was averred in the petition, that Nancy Locklayer was the widow of Jackson Locklayer, having been married to him under license regularly issued from the probate court of Lawrence county on November 2b, 1887; that Jackson Locklayer. died, and…
1Opinion of the CourtTyson, J.
The evidence satisfactorily supports the finding of the trial judge of the fact that petitioner’s reputed husband was a negro. Their living together as husband and wife upon the assumption of a valid marriage, although performed according to forms of law, was clearly illegal and adulterous. In short, the attempted intermarriage was abortive and void, conferring no rights upon either by virtue of such relation; being in violation of the policy declared, by section 504(5 of the Code.
All this, we understand, is conceded by appellant’s counsel, but it is insisted that she was deceived by her…
2Cases cited4 opinions
- Weatherford v. WeatherfordSupreme Court of Alabama · 1852
- White v. StrotherSupreme Court of Alabama · 1847
- Rogers v. Debardeleben Coal & Iron Co.Supreme Court of Alabama · 1892
- Tucker v. StateSupreme Court of Alabama · 1854
3Cited by6 opinions
- Stewart v. United StatesCourt of Appeals for the Ninth Circuit · 1914
- Osoinach v. WatkinsSupreme Court of Alabama · 1938
- Cole v. District Board of School Dist. No. 29Supreme Court of Oklahoma · 1912
- Stewart v. ProfitCourt of Appeals of Texas · 1912
- Medlin v. County Board of EducationSupreme Court of North Carolina · 1914
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