Hester v. Hester

Citations

• 103 Miss. 13
• 60 So. 6

Syllabus

<p>1. Divorce. Collateral attack. Decree.</p> <p>A bill in chancery by the first wife of a decedent and her daughter against the second wife of decedent and her children, in which the prayer of the bill is for a decree adjudging that the first wife and daughter are the owners of all the property of which the deceased died seised and possessed and praying for the cancellation of a deed made by decedent to his seeond wife, for a division of the estate and for an accounting, the suit being based upon the illegality of the divorce obtained by the decedent from his first Wife,, is a collateral attack upon such decree of divorce and is not. maintainable.</p> <p>2. Divorce. Setting aside for illegality. Proof.</p> <p>The proof must be clear beyond question as to the 'illegality of a divorce and the second marriage, before the court would be justifled in deciding that the first wife was still the legal wife and that the second marriage was void and the children of the second marriage bastards.</p>