Frierson v. Travis
Supreme Court of Alabama
Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. Jajhes B. Clabk. The bill in this case was filed, on the 1st August, 18fi0, by Elias S. Travis, against Robert P. Frierson.
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Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. Jajhes B. Clabk. The bill in this case was filed, on the 1st August, 18fi0, by Elias S. Travis, against Robert P. Frierson. Its material allegations were — that on the 25th December, 1848, Gideon B. Frierson was appointed, by the probate court of Tuskaloosa, guardian of the complainant, who was then an infant; that said Frierson thereupon executed his official bond as such guardian, with Robert P. and Samuel G. Fri-erson as his sureties, entered on the discharge of the duties of tbe trust, and received moneys belonging to bis…
1Opinion of the CourtA. J. Walker, C. J.
The account of Gideon B. Fri-erson, as guardian of Elias F. Travis, the appellee, was adjudicated by a decree of the probate court on the 24th October, 1853. We are to decide whether that decree is void. Its validity is impeached, upon the ground that the ward was an indispensable party to the proceeding, and was not in any legal mode made a party.
In proceedings before the probate court, for settlement of the accounts of executors and administrators, notice may be given through a newspaper published in the county; and if there be no newspaper in the county, by advertisement posted at the…
2Cases cited14 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Bustard v. GatesCourt of Appeals of Kentucky · 1836
- Watts v. GayleSupreme Court of Alabama · 1852
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Intendant of Livingston v. PippinSupreme Court of Alabama · 1858
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3Cited by10 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Fowler v. FowlerSupreme Court of Alabama · 1929
- Hamilton v. TolleySupreme Court of Alabama · 1923
- Hutton v. WilliamsSupreme Court of Alabama · 1877
- Fulgham v. HersteinSupreme Court of Alabama · 1884
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