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HUNDLEY v. NEELY

No. 2974

365 P.2d 196 (1961)

Elizabeth Hart HUNDLEY, Executrix of the Estate of William M. Hart, Deceased, Appellant (Plaintiff below), v. Alabama NEELY, Appellee (Defendant below).

Supreme Court of Wyoming.

October 10, 1961.

Attorney(s) appearing for the Case

Robert R. Rose, Jr., Casper, for appellant.

Fred W. Layman, Casper, for appellee.

Before BLUME, C.J., and PARKER, HARNSBERGER and McINTYRE, JJ.

Mr. Justice McINTYRE delivered the opinion of the court.

The subject matter of this action is a warranty deed pertaining to property in Casper, Wyoming. Said deed purports to name as party of the second part or grantee William M. Hart and Alabama Hart, his wife, or the survivor of them.

The plaintiff, as executrix of the estate of William M. Hart, deceased, contends that Alabama Hart was not a lawful wife to the deceased; that she was previously a common-law...

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