Tyson v. Sanderson
Supreme Court of Alabama
Appeal from Chancery Court of Lowndes. Heard before Hon Adam C. Felder. In 1858, W. D. Simonton was appointed guardian of B. F. McDonald, qualified and gave bond, as required bylaw, in the sum of twelve hundred dollars, with T. B. McCall and G. L. Mushat as his sureties.
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Appeal from Chancery Court of Lowndes. Heard before Hon Adam C. Felder. In 1858, W. D. Simonton was appointed guardian of B. F. McDonald, qualified and gave bond, as required bylaw, in the sum of twelve hundred dollars, with T. B. McCall and G. L. Mushat as his sureties. On the 22d of April, 1862, on a partial and the only settlement of his account as guardian, the probate court adjudged Simonton to be indebted to his ward in the sum of seven hundred and thirty dollars, and rendered a decree against him for that amount. McDonald died some time in the year 1862. Simonton, the guardian, and…
1Opinion of the CourtPeters, J.
The assignment of error founded on the exception made to the master’s report, is not well taken. The ground for the exception is, “that the register, in said report, has charged defendant, T. B. McCall, with compound interest on the balance found due from W. D. Simonton to complainant’s intestate, on the 22d day of April, 1862, when the defendant, T. B. McCall, should not be charged with but simple interest on such sum.” This exception is not sustained by the record. McCall was the security on the bond of Simonton, the guardian. From the guardian’s partial settlement, on the 22d day of April,…
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