Hester v. Hester
Mississippi Supreme Court
Appeal from the chancery court of Sharkey county. Hon. E. N. Thomas, Chancellor. Suit by Alma S. Hester and others against Bailey Cobb Hester and others. From a decree sustaining a demurrer to the bill and rendering a final decree for defendant, complainant’s appeal. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Sharkey county. Hon. E. N. Thomas, Chancellor. Suit by Alma S. Hester and others against Bailey Cobb Hester and others. From a decree sustaining a demurrer to the bill and rendering a final decree for defendant, complainant’s appeal. The facts are fully stated in the opinion of the court. A collateral attack by a surviving party on a decree of divorce, after death of party‘obtaining divorce, may be made for want of jurisdiction over the parties or for fraud. Lawrence v. Nelson, 57 L. R. A. 583, 586, 594, 596, 598-9; 14 Cyc. 722E, 655, 657D, 659D; Cheely v.…
1Opinion of the CourtReed, J.
Alma Sargeant Hester and her daughter, Oma Hester Smith, on October 12, 1910, filed their original bill in the chancery court of Sharkey county, seeking to recover from appellees, Bailey Cobb Hester and her children, certain real and personal property which had been ■owned by Charles O. Hester, deceased. The original bill'was amended by leave of court, and afterwards an amended bilí was filed.
It appears that Charles 0. Hester on'May 8, 1892, was legally married to Alma Sargeant Hester in Monroe ■county, Miss. On July 15, 1892, the daughter Oma Hester was born. The bill alleges that said…
2Cases cited2 opinions
- Cocks v. SimmonsMississippi Supreme Court · 1879
- Alabama & Vicksburg Railway Co. v. ThomasMississippi Supreme Court · 1905
3Cited by16 opinions
- Reger v. RegerSupreme Court of Missouri · 1927
- In Re Trusteeship Under Last Will of MelgaardSupreme Court of Minnesota · 1937
- Murrell v. STOCK GROWERS'NAT. BANK OF CHEYENNECourt of Appeals for the Tenth Circuit · 1934
- Kirby v. KentMississippi Supreme Court · 1935
- May v. CaskerSupreme Court of Oklahoma · 1940
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