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SMITH v. SMITH

5 Div. 487.

48 So.2d 546 (1950)

SMITH v. SMITH.

Supreme Court of Alabama.

October 26, 1950.

Attorney(s) appearing for the Case

L. J. Tyner, of Opelika, and Martin, Turner & McWhorter and J. C. Blakey, of Birmingham, for appellant.

Glenn & Glenn and Walker & Walker, of Opelika, for appellee.

STAKELY, Justice.

On December 9, 1948 Jesse W. Smith, Jr. (appellee), a man approximately 50 years of age and who is the only child of Jesse W. Smith, Sr. (appellant), filed in the Probate Court of Lee County, Alabama, a petition of inquisition seeking to have his father declared to be of unsound mind. The case came on for hearing before a six man jury on the petition of appellee and appellant's answer denying each and every allegation of the petition. At the conclusion...

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