Echols v. Speake
Supreme Court of Alabama
Appeal from Morgan Chnacery Court. Heard before Hon. W. T. Lowe, Special Chancellor. .Bill by D. W. Speake against James L. Echols and others, to determine to whom a note and mortgage was payable. From a decree granting relief, respondents appeal.
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Appeal from Morgan Chnacery Court. Heard before Hon. W. T. Lowe, Special Chancellor. .Bill by D. W. Speake against James L. Echols and others, to determine to whom a note and mortgage was payable. From a decree granting relief, respondents appeal. The case made by the bill is: That the complainant became indebted to one William C. Preston, a minor, in the sum of $1,500, and, to secure the payment of said indebtedness, executed a mortgage to secure five prom-. issory notes, each in the sum of $300, bearing date August 11, 1906, and maturing, respectively, on the 1st of August, 1907, 1908,…
1Opinion of the Court
de GBAFFENBIED, J.
In the case of Mason v. Buchanan, 62 Ala. 110, this court, through Brickell, C. J., speaking of the authority of a guardian over the choses in action of his ward, said: “As to these, he may exercise the power which an executor or an administrator may exercise over choses in action coming into his hands for administration. A want of diligence in the exercise of the power will render him liable, but third persons, dealing with him in good faith, are not the guarantors of his prudence; they answer only for their *152own fair dealing.” While much was said by this court in that case…
2Cases cited15 opinions
- Wallace v. HolmesU.S. Circuit Court for the District of Connecticut · 1871
- Lee v. LeeSupreme Court of Alabama · 1876
- MacLay v. Equitable Life Assurance SocietySupreme Court of the United States · 1894
- Schmidt v. ShaverIllinois Supreme Court · 1902
- Logan v. Central Iron & Coal Co.Supreme Court of Alabama · 1903
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3Cited by7 opinions
- Spann v. First Nat. Bank of MontgomerySupreme Court of Alabama · 1941
- Bank of Guntersville v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1917
- Bishop v. Big Sandy Lumber Co.Supreme Court of Alabama · 1917
- Kirsch v. GreenSupreme Court of Alabama · 1936
- Ex parte HerrinSupreme Court of Alabama · 1952
2 more not listed; retrieve them via the Exa API.