Randall v. Wadsworth
Supreme Court of Alabama
Appeal from the Probate Court of Bibb. Heard before the Hon. W. L. Pratt. The material facts of the case necessary to an understanding of tbe decision on tlie present appeal are sufficiently .stated in the opinion.
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Appeal from the Probate Court of Bibb. Heard before the Hon. W. L. Pratt. The material facts of the case necessary to an understanding of tbe decision on tlie present appeal are sufficiently .stated in the opinion. The minute entry purporting to show the rulings of the 'court upon the demurrer of the petitioner to the respondent’s answer was that said “demurrer was overruled.” 1. The probate court has authority at the instance of a surety on a guardian’s bond, when he denies the fact of suretyship or alleges 'that the decree was obtained by frauu, to control the execution it has issued on…
1Opinion of the CourtDowdell, J.
The appellants, who are sureties on the bond of one Joseph Powell, guardian of one Henry Powell, a minor, filed their petition for a supersedeas *638of an execution issued -by the probate court of Bibb county on a decree rendered by said court upon the final settlement of said Joseph Powell, the said guardian, of liis said guardianship. As grounds for a super-sedeas the petitioners ayer and 'Charge fraud in said settlement and in the procurement of said decree. The fraud charged consisted in an alleged false statement of his account by the said guardian in that it failed to ask credit for certain…
2Cases cited7 opinions
- Gravett v. MaloneSupreme Court of Alabama · 1875
- Williamson v. HowellSupreme Court of Alabama · 1843
- Dabney v. MitchellSupreme Court of Alabama · 1880
- Carlisle v. TuttleSupreme Court of Alabama · 1857
- Chilton v. ParksSupreme Court of Alabama · 1849
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3Cited by22 opinions
- Ex parte WattersSupreme Court of Alabama · 1913
- Crosbie v. BrewerSupreme Court of Oklahoma · 1916
- Lewis Land & Lumber Co. v. Interstate L. Co.Supreme Court of Alabama · 1909
- Ex Parte FletcherSupreme Court of Alabama · 1932
- Leach v. GraySupreme Court of Alabama · 1917
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