TITUS v. NIEHEISER

1 Div. 998.

114 So.2d 242 (1959)

William E. TITUS and Olga Voss, a Co-executors, v. Adeline NIEHEISER.

Supreme Court of Alabama.

August 20, 1959.


Attorney(s) appearing for the Case

Arthur J. Reid and J. O. Sentell, Jr., Montgomery, for appellants.

J. Pelham Ferrell, Phenix City, for appellee.


MERRILL, Justice.

This appeal is from a decree overruling demurrer to appellee's amended bill of complaint, which is a bill in the nature of a bill of review to set aside a decree of divorce because of fraud in its procurement or concoction.

The bill, as amended, avers that appellee and Harry Nieheiser were married in January, 1952, and that they lived together until February 27, 1957, when he voluntarily abandoned appellee. It is also averred that Harry Nieheiser...

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