Southern Life Health Ins. Co. v. Morgan

1 Citing case

  1. Ex Parte Slade

    382 So. 2d 1127 (Ala. 1980)   Cited 38 times
    In Slade, the petitioner claimed that the Probate Court of Henry County had judicially determined that she was the common law wife of the decedent and had previously appointed her as the decedent's guardian on the ground of his mental incompetency.

    The petitioner could have sought relief in that proceeding by going forward to establish her entitlement to custody of the body, thus giving Judge White an opportunity to rule upon that issue. Cf. Sou. Life Health Ins. Co. v. Morgan, 21 Ala. App. 5, 10, 105 So. 161 (1925). And see Jordan Undertaking Co. v. Asberry, 230 Ala. 97, 159 So. 683 (1935).