Martin v. Cameron
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Bill by Lizzie E. Cameron, by next friend, Mattie L. Butler, against R. A. Martin and Florence Ellis, to remove the guardianship of a non compos mentis from the probate to the chancery court, to cancel a deed, and to revoke letters of guardianship. From a decree granted, respondents appeal.
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Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Bill by Lizzie E. Cameron, by next friend, Mattie L. Butler, against R. A. Martin and Florence Ellis, to remove the guardianship of a non compos mentis from the probate to the chancery court, to cancel a deed, and to revoke letters of guardianship. From a decree granted, respondents appeal. The case made by the bill is: That Lizzie Cameron was of unsound mind and resided with her mother in Pell City up to the time of the death of her mother. That the said Lizzie Cameron had from the time of her birth to the present time been of…
1Opinion of the CourtMayfield, J.
This is a bill, the primary purpose of which is to remove the administration of the estate of a person of unsound mind from the probate court of St. Clair county into the circuit court.
Before the statutes of 1915 (Laws 1915, p. 279), consolidating the chancery and law courts into the circuit courts, the bill would have been to remove the administration of the estate into the chancery court. Since these statutes, the removal, of course, must be into the circuit court.
The bill is filed by the next friend of the non compos mentis, and also seeks the removal of the guardian and the cancellation…
2Cases cited5 opinions
- Noble v. Moses Bros.Supreme Court of Alabama · 1883
- Voltz v. VoltzSupreme Court of Alabama · 1883
- Cox v. JohnsonSupreme Court of Alabama · 1885
- Dickens v. DickensSupreme Court of Alabama · 1908
- Spidle v. BlakeneySupreme Court of Alabama · 1907
3Cited by9 opinions
- Hinson v. NaugherSupreme Court of Alabama · 1922
- Boaz Nursing Home, Inc. v. Recovery Inns of America, Inc.Supreme Court of Alabama · 1972
- Dent v. FoySupreme Court of Alabama · 1920
- White v. WhiteSupreme Court of Alabama · 1977
- McNairy v. McNairySupreme Court of Alabama · 1982
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