Bowden v. Perdue
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. Hukiosco Austill. Lillie M. Bowden, an infant, filed by her next friend, Jesse Bowden, a bill of complaint in the Chancery Court of Butler county, to correct the errors committed by the Court of Probate of the said county, in the settlement of her guardian.
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Appeal from the Chancery Court of Butler. Heard before the Hon. Hukiosco Austill. Lillie M. Bowden, an infant, filed by her next friend, Jesse Bowden, a bill of complaint in the Chancery Court of Butler county, to correct the errors committed by the Court of Probate of the said county, in the settlement of her guardian. The bill alleges that Lillie M. Bowden is the daughter of Bennett Bowden, who is dead; and that she inherited from her father both real and personal property. The Probate Court of Butler county, about the first day of January, 1865, appointed W. B. Bowden her guardian, who…
1Dissent
STONE, J.,
(dissenting.)—In the case of Mack v. Cundiff, 6 Por. 24, decided more than forty years ago, this court said *416that “ chancery will not relieve against a judgment at law, on the ground of its being contrary to equity, unless the-defendant in the judgment was ignorant of the fact in question pending the suit, or it could not have been received as a defence, or, unless he was prevented from availing himself' of it as a defence by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part.” In French v. Garner, 7 Por. 549, the same doctrine was…
2Cases cited9 opinions
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
- Watts v. GayleSupreme Court of Alabama · 1852
- White v. RyanSupreme Court of Alabama · 1858
- Ex parte NorthSupreme Court of Alabama · 1873
- Foster v. WoodNew York Court of Chancery · 1822
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