Brunson v. Brooks
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Tried before Hon. H. D. ClavtoN. This was a real action in the nature of ejectment, brought by the appellee against the appellants, and was commenced on 9th March, 1878. On the trial it was shown, that in 1869 Mathew Brunson was appointed by the Probate Court of Coffee county the guardian of the appellee and of five other minors, on the faith of one bond executed to secure the estates of all his wards, conditioned in substantial compliance…
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Appeal from Coffee Circuit Court. Tried before Hon. H. D. ClavtoN. This was a real action in the nature of ejectment, brought by the appellee against the appellants, and was commenced on 9th March, 1878. On the trial it was shown, that in 1869 Mathew Brunson was appointed by the Probate Court of Coffee county the guardian of the appellee and of five other minors, on the faith of one bond executed to secure the estates of all his wards, conditioned in substantial compliance with the statute, with J. P. Brunson and Mathew Brunson Sr. as his sureties. In 1876, the appellee having attained his…
1Opinion of the CourtSomeb.yille, J.
The guardian’s bond, permitted by the court below to be introduced in evidence, is executed in substantial conformity to the statute, and is, therefore, a statutory bond. The fact that it was given for the benefit of more than one minor, or ward, does not vitiate it as such. The requirement of the statute is, that such bonds be executed “ with sufficient sureties, payable to the judge of probate, in the penal sum of twice the supposed value of the estate of the ward.”—Code, 1876, § 2762. The word “ ward” here may mean toarás, under the influence of section 1 of the Code, affixing a…
2Cases cited10 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Carver v. EadsSupreme Court of Alabama · 1880
- Burt v. CassetySupreme Court of Alabama · 1848
- Loughridge v. BowlandMississippi Supreme Court · 1876
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3Cited by23 opinions
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Haney v. LeggSupreme Court of Alabama · 1900
- Title Guaranty & Surety Co. v. FosterSupreme Court of Oklahoma · 1921
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Lightsey v. StoneSupreme Court of Alabama · 1951
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