Sims v. Birden
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. O. S. Lewis. Bill by Zalena Birden against Katie Sims and others to set aside and vacate a decree of the pr'obate court setting off a homestead, and vesting the same absolutely in Katie Douglass, now Katie Sims. From a decree granting the relief prayed, respondents appeal.
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Appeal from Montgomery Chancery Court. Heard before Hon. O. S. Lewis. Bill by Zalena Birden against Katie Sims and others to set aside and vacate a decree of the pr'obate court setting off a homestead, and vesting the same absolutely in Katie Douglass, now Katie Sims. From a decree granting the relief prayed, respondents appeal. It appears that Wiley Douglass died in 1913, and that Katie Sims, then Douglass, is the widow of said Wiley Douglass, and that said Douglass left 150 acres of land which was set apart by the probate court as a homestead to said Katie Sims, and vested absolutely in her…
1Opinion of the Court
MCCLELLAN, J.—(l) The single question contested here is whether complainant (appellee) is the daughter of Wiley and Ann Douglass, who were members of the negro race, one of whom, the former, died in 1913, and the other, the latter, died in 1909. The complainant by her bill attributes her parentage to Wiley and Ann Douglass, thereby assuming the burden of proof to that end. If the evidence sustained the complainant’s affirmation that Ann was in fact her mother, then the well-recognized evidential presumption of complainant’s legitimacy was applicable to her advantage; Ann and Wiley being at…
2Cases cited7 opinions
- Caujolle v. . FerrieNew York Court of Appeals · 1861
- Zachmann v. ZachmannIllinois Supreme Court · 1903
- Illinois Land & Loan Co. v. BonnerIllinois Supreme Court · 1874
- Bullock v. KnoxSupreme Court of Alabama · 1892
- Weatherford v. WeatherfordSupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Leonard v. LeonardSupreme Court of Alabama · 1978
- Ex Parte Martin by and Through SarrisSupreme Court of Alabama · 1989
- Steele v. CruteSupreme Court of Alabama · 1922
- Franks v. StateAlabama Court of Appeals · 1935
6 more not listed; retrieve them via the Exa API.