Legal Opinion

Harrison v. Harrison

Supreme Court of Alabama

Decided June 15, 1851PublishedCited by 12 opinions

ERROR, to the Court of Probate of Dallas. I. The court below erred in admitting as evidence the Alabama divorce and proceedings connected with it. 1. Harriet Harrison is .not Harriet F. Harrison. — See Poyin-ter on M. & D., 10, (Note F;) 2 Ecc. R. 121. 2. The insertion of the letter “Y” was fraudulent; the notice was by publication. Defendant could not answer hill by that name.

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ERROR, to the Court of Probate of Dallas. I. The court below erred in admitting as evidence the Alabama divorce and proceedings connected with it. 1. Harriet Harrison is .not Harriet F. Harrison. — See Poyin-ter on M. & D., 10, (Note F;) 2 Ecc. R. 121. 2. The insertion of the letter “Y” was fraudulent; the notice was by publication. Defendant could not answer hill by that name. It enabled complainant to withhold the proceedings of the Chancery Court of South Carolina, and to get a decree a vinculo without a division of the estate. — See Clay’s Dig. 170, § 8; Poynter on M. & D., 11, Note. II.…

1Opinion of the CourtDargan, C. J.

This was an application to the Court of Probate of Dallas, by Harriet Harrison, claiming to be the widow of Kirkland Harrison, deceased, and praying that dower might be allotted to her of the lands of the decedent. The application was dismissed, and the cause is brought before this court by writ of error.

*505The facts which give rise to the questions of law for our revision, are these: I-n-1828/Kirkland Harrison, the decedent, intermarried with Harriet Ellison, the plaintiff in error, in the State of South Carolina, where both the parties then resided and ■ continued' to reside until the year…

2Cases cited4 opinions

  1. Maguire v. MaguireCourt of Appeals of Kentucky · 1838
  2. Barber v. RootMassachusetts Supreme Judicial Court · 1813
  3. Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
  4. Talbott v. ToddCourt of Appeals of Kentucky · 1837

3Cited by12 opinions

  1. Wilkerson v. WilkersonSupreme Court of Alabama · 1935
  2. Wood v. WoodSupreme Court of Iowa · 1907
  3. Thompson v. StateSupreme Court of Alabama · 1856
  4. Ex Parte HaleSupreme Court of Alabama · 1944
  5. Ex parte EdwardsSupreme Court of Alabama · 1913

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