McDonald v. McAlily
Supreme Court of Alabama
Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Bill by Mollie McDonald and others against A. L. McAlily and others, to annul a decree of the probate court and to cancel a deed. From a decree sustaining demurrers to the bill, complainants appeal.
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Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Bill by Mollie McDonald and others against A. L. McAlily and others, to annul a decree of the probate court and to cancel a deed. From a decree sustaining demurrers to the bill, complainants appeal. The bill was filed December 19, 1919, by the next of kin, of T. J. Dickson, who died in June, 1918, to set aside an order and decree of the probate court of Geneva county, entered on January 11, 1919, setting aside to S. A. Dickson, surviving widow of T. J. Dickson, the homestead of the decedent, as being not in excess in value and…
1Opinion of the CourtSomerville, J.
An analysis of fhe bill of complaint shows that complainants rely upon four distinct grounds as bases for the nullification of the decree of the probate court allotting a homestead in fee simple to the widow, Mrs. S. A. Dickson:.(1) A fraud was practiced on the widow herself, in that she was persuaded to lend the use of her name as petitioner in a proceeding, the nature of which she was-too ignorant or feeble-minded to understand, and leading to the appropriation to herself in fee-simple of property which she did not wish nor intend to take from these complainants, to whom it would have…
2Cases cited5 opinions
- Hanley v. HanleyCalifornia Supreme Court · 1896
- Hogan v. ScottSupreme Court of Alabama · 1914
- Bishop v. WoodSupreme Court of Alabama · 1877
- Douglas v. BishopSupreme Court of Alabama · 1918
- Lillibridge v. RossSupreme Court of Missouri · 1875
3Cited by7 opinions
- Keenum v. DodsonSupreme Court of Alabama · 1924
- Williams v. OvercastSupreme Court of Alabama · 1934
- Quick v. McDonaldSupreme Court of Alabama · 1926
- Cogburn v. CallierSupreme Court of Alabama · 1925
- Lester v. StroudSupreme Court of Alabama · 1925
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