Bowie v. Minter
Supreme Court of Alabama
This cause comes here by writ of error, from the Court of Chancery sitting at Cahawba. In August, 1836, the defendant in error, Wm. T. Minter, filed his bill in equity, stating that he had been lately chosen, and legally appointed, the guardian of George J. and Sarah R. Bowie, infant heirs of John Bowie, deceased; of whose persons and estates, the plaintiff in error had been a guardian, from the year 1827, until a short time previous thereto.
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This cause comes here by writ of error, from the Court of Chancery sitting at Cahawba. In August, 1836, the defendant in error, Wm. T. Minter, filed his bill in equity, stating that he had been lately chosen, and legally appointed, the guardian of George J. and Sarah R. Bowie, infant heirs of John Bowie, deceased; of whose persons and estates, the plaintiff in error had been a guardian, from the year 1827, until a short time previous thereto. The bill then alledges, that the defendant below resigned his guardianship; and charges, that he has in his possession sundry slaves, and a large sum of…
1Opinion of the CourtCollier, C. J.
— It is objected by the plaintiff in error, that, without reference to the substantial merits of the controversy, the Chancellor should have dismissed all the bills which were submitted to him at the hearing. 1. Because Wm. T. Minter was the sole complainant in the original, and first supplemental bill, while the case stated, shows that his wards should have been the actors in the cause, by him. 2. Because the last suppemental bill was not good as an original, so as to sustain the decree, or if good as an original, it was demurable; because Wm. T. Minter, who does not appear to have been a…
2Cases cited3 opinions
- Pendleton v. FayNew York Court of Chancery · 1831
- Gregg v. BetheaSupreme Court of Alabama · 1837
- Clowes v. DickensonNew York Court of Chancery · 1821
3Cited by21 opinions
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Patton v. DardenSupreme Court of Alabama · 1933
- Holder v. TaylorSupreme Court of Alabama · 1937
- Hill v. HillSupreme Court of Alabama · 1846
- Michan v. WyattSupreme Court of Alabama · 1852
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