Harbin v. Bell
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. Adam C. Feldeb. _ ■ _ Harbin, tbe appellant, filed this bill as administrator of J. Y. Clond, deceased, against O. R. Bell, guardian of bis intestate, and one Daniel, surety upon bis bond, to compel a settlement of tbe guardianship in tbe chancery court, and to charge him as for a devastavit for tbe collection of certain debts, due tbe ward, in Confederate money, and for general relief.
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Appeal from Montgomery Chancery Court. Heard before Hon. Adam C. Feldeb. _ ■ _ Harbin, tbe appellant, filed this bill as administrator of J. Y. Clond, deceased, against O. R. Bell, guardian of bis intestate, and one Daniel, surety upon bis bond, to compel a settlement of tbe guardianship in tbe chancery court, and to charge him as for a devastavit for tbe collection of certain debts, due tbe ward, in Confederate money, and for general relief. One Pool bad formerly been guardian of complainant’s intestate, but made final settlement in the probate court of Montgomery, on tbe 14th day of April,…
1Opinion of the CourtManning, J.
Appellee, O. B. Bell, having procured himself to be appointed guardian of James Y. Cloud, a minor, and in that capacity received money of the said minor, and made returns thereof as guardian to the court, cannot, when sued by the administrator of the minor, exonerate himself from liability by alleging that he was not legally appointed guardian. He assumed the office, undertook to perform its duties, obtained by means thereof the money of Cloud, and must be held accountable, as other trustees, therefor.
Appellee received the funds of the ward in April, 1862, in “Confederate currency.” And the…
2Cases cited1 opinion
- New Orleans v. United StatesSupreme Court of the United States · 1836
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