Legal Opinion

McAllum v. Spinks

Mississippi Supreme Court

Decided March 15, 1922No. Nos. 22272, 22273PublishedCited by 13 opinions

Appeal from chancery court of Humphreys county. Hon. E. N. Thomas, Chancellor. Suits by Willis McAllum and by Pearl McAllum and others against L. P. Spinks and others. The suits were consolidated. Decree dismissing both bills, and the complainants appeal. Let us see what is the effect of. the formal and ceremonial marriage entered into by and between William Mc-Allum and Pearl McAllum.

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Appeal from chancery court of Humphreys county. Hon. E. N. Thomas, Chancellor. Suits by Willis McAllum and by Pearl McAllum and others against L. P. Spinks and others. The suits were consolidated. Decree dismissing both bills, and the complainants appeal. Let us see what is the effect of. the formal and ceremonial marriage entered into by and between William Mc-Allum and Pearl McAllum. If either of the contracting parties are shown by the evidence to have previously married, the parties to the previous marriage will be presumed to have secured a divorce, or to have been dead at the time of…

1Opinion of the CourtSykes, P. J.

William McAllum, a resident of Humphreys county, died intestate there, leaving at the time of his death 80 acres of land, certain personal property, and some money in bank. At the time of his death he' left surviving him a son by the name of Willis McAllum, a resident of Kemper county. Shortly prior to his death William McAllum had contracted a ceremonial marriage in Humphreys county with a woman by the name of Pearl, who was living with him at the time of his death. By another woman he also left two minor children. Shortly after the death of William a man by the name of Lumbley, who held a…

2Cases cited7 opinions

  1. Alabama & Vicksburg Railway Co. v. BeardsleyMississippi Supreme Court · 1901
  2. Wilkie v. CollinsMississippi Supreme Court · 1873
  3. Cocks v. SimmonsMississippi Supreme Court · 1879
  4. Hester v. HesterMississippi Supreme Court · 1912
  5. Colored Knights of Pythias v. TuckerMississippi Supreme Court · 1908

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Walker v. MatthewsMississippi Supreme Court · 1941
  2. Ladner v. PigfordMississippi Supreme Court · 1925
  3. Routledge v. GithensOregon Supreme Court · 1926
  4. Hatchett v. ThompsonMississippi Supreme Court · 1936
  5. Minor v. Higdon, Adm'rMississippi Supreme Court · 1952

8 more not listed; retrieve them via the Exa API.

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