Martinez v. Meyers
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Bernex. Bill by Mary J. Martinez and others against Elizabeth D. Meyers and others to correct a guardianship settlement on the ground of fraud. From a decree sustaining demurrer to part of the bill, complainants appeal.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Bernex. Bill by Mary J. Martinez and others against Elizabeth D. Meyers and others to correct a guardianship settlement on the ground of fraud. From a decree sustaining demurrer to part of the bill, complainants appeal. The allegations of the bill to which demurrers were sustained is that respondent, as guardian, invested a sum of money of the wards in bonds and stocks of a railroad company, the said transaction being single, and that she then sold the bonds alone for enough money to replace that invested, and had the stock…
1Opinion of the CourtMcCLELLAN, J.
This is the fourth appeal in this cause. — Meyers v: Martinez, 162 Ala. 562, 50 South. 351; Martinez v. Meyers, 167 Ala. 456, 52 South. 592; Meyers v. Martinez, 172 Ala. 641, 55 South. 498. Under the authority of Meyers v. Martinez, 172 Ala. 641, 55 South. 498, the court erred in sustaining the demurrer “to so much of the said bill as seeks to charge defendant Elizabeth D. Meyers with the proceeds of the sale of stocks of the Meridian Light and Railroad Company.” The demurrer addressed to the whole bill was overruled. Upon that authority the decree appealed from is re■versed. A decree is here…
2Cases cited3 opinions
- Meyers v. MartinezSupreme Court of Alabama · 1909
- Martinez v. MeyersSupreme Court of Alabama · 1910
- Meyers v. MartinezSupreme Court of Alabama · 1911
3Cited by2 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- White v. WhiteSupreme Court of Alabama · 1935