Hale v. Cox

This appeal is from the decree of the court, entered on the verdict of a jury, rendered in the trial of an “issue out of chancery” annulling the alleged last will and testament of Johnson B. Hale, deceased. See report on former appeal, Cox v. Hale, 217 Ala. 46, 114 So. 465.

After the trial of the issue involving want of testamentary capacity and undue influence, resulting in a verdict in favor of complain ant, the defendant reserved a bill of exceptions, made motion to set aside the verdict and award a venire facia,s de novo, for errors alleged to have been committed by the court in the jury…