Craft v. Simon
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This urns a statutory action of ejectment, brought by the appellee, Jetta Simon, against the appellant, John N. Craft, to recover a certain lot of land in the city of Mobile.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This urns a statutory action of ejectment, brought by the appellee, Jetta Simon, against the appellant, John N. Craft, to recover a certain lot of land in the city of Mobile. After pleading the general issue, the cause was tried upon an agreed statement of facts, which were, so far as is necessary to be stated 'here, substantially as follows : The plaintiff, Jetta Simon, entered into the possession of the real estate, which is the subject of this litigation, on May 23, 1872, under a deed of conveyance, and…
1Dissent
HEAD, J.,
dissenting. — The question in this case is, whether or not the probate court had jurisdiction to appoint Ralph G. Richards guardian of the person and estate of Jetta Simon, alleged to have been a person of unsound mind.
It is not disputable that the jurisdiction of that court of the appointment of guardians of persons of unsound mind, being statutory, is special and limited; and that every fact made by the statute a prerequisite to the exercise of the jurisdiction must appear, affirmatively, upon the face of the court's proceedings in order to uphold the validity of the appointment.
The…
2Cases cited6 opinions
- Voltz v. VoltzSupreme Court of Alabama · 1883
- Cohen v. Wollner, Hirschberg & Co.Supreme Court of Alabama · 1882
- Sims v. WatersSupreme Court of Alabama · 1880
- Hatcher v. DiggsSupreme Court of Alabama · 1884
- Powell v. New England Mortgage & Security Co.Supreme Court of Alabama · 1888
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