Tuggle v. Wilson
Supreme Court of Alabama
Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stiles. Contest between Carrie A. Tuggle and Irene Wilson as to the division of the estate of Harry Wilson, deceased. From a judgment decreeing the estate to Irene Wilson Carrie Tuggle appeals.
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Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stiles. Contest between Carrie A. Tuggle and Irene Wilson as to the division of the estate of Harry Wilson, deceased. From a judgment decreeing the estate to Irene Wilson Carrie Tuggle appeals. If Lillian Wilson was the wife of Harry Wilson, then Carrie Tuggle as the sole legatee named in her will is entitled to receive the estate. — Section 3763, Code 1907. It will be presumed after a lapse of time' that a prior marriage had been dissolved and a second marriage was therefore valid and the burden is on the party asserting the…
1Opinion of the CourtMoCLELLAN, J.
What purports to be a bill of exceptions was “taken, approved, and filed” by the presiding judge on November 11,1911. The final judgment, appealed from, was entered June 9, 1911. Thére does not appear to have been a presentation of the bill to the presiding judge within 90 days after judgment entered, as the statute (Code § 3019) requires. — Edinburgh-American Land Mortgage Company v. Canterbury, 169 Ala. 444, 53 South. 823.
The minutes of this court show that the parties appeared by attorneys and submitted the appeal on motion to strike the bill and on the merits. The motion to strike the…
2Cases cited1 opinion
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
3Cited by3 opinions
- State ex rel. Tate v. PowellSupreme Court of Alabama · 1913
- Owens v. StateAlabama Court of Appeals · 1914
- Corbin v. StateAlabama Court of Appeals · 1916