Fowler v. Fowler

This is a bill filed by the appellant against appellees, seeking to set aside and annul a proceeding in the probate court of Blount county declaring the appellant to be a person of unsound mind and appointing the appellee Nash as guardian of his estate, and to compel the guardian to account as a trustee in invitum. Moody v. Bibb et al., 50 Ala. 245.

The bill attacks the proceedings in the probate court on two theories: First, fraud in procuring the decree adjudging the complainant to be of unsound mind; and, second, that the proceedings are ex facie void for want of jurisdiction in the probate…