Ripitoe v. Hall
Supreme Court of Alabama
David Ripitoe, on the complaint of Dixon Hall, was summoned to the County Court of Montgomery county, to shew cause why his letters of guardianship on the estate of Wesley D. Hall, should not be revolted. Charges and specifications were made as follows : 1. A general charge of mismanagement of the property ánd illegal conduct as guardian.
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David Ripitoe, on the complaint of Dixon Hall, was summoned to the County Court of Montgomery county, to shew cause why his letters of guardianship on the estate of Wesley D. Hall, should not be revolted. Charges and specifications were made as follows : 1. A general charge of mismanagement of the property ánd illegal conduct as guardian. First, In using Wesley D. Hall’s negroes in his own business, during the year 1823, returning their hire to the Court at his own valuation, instead of hiring them at public outcry, as required by law. Second, The whole of his ward’s negroes and plantation in…
1Opinion of the Court
JUDGE CRENSHAW.
In this case, there are many assignments of error. That which was principally relied on is, that the jurisdiction of the Court does not appear from any part of the proceedings. By the 47th section of the act of 1803, a the Orphan’s Court, whose powers by subsequent statute have been vested in the County Court, is authorized (for good and sufficient cause) to displace a guardian. The Court then had jurisdiction of the subject matter. It was contended that the record must shew that the ward was domiciliated in Montgomery county, and that Ripitoe was appointed guardian by the…
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