Yerger v. Jones
Supreme Court of the United States
This was an appeal from the District Court of the United States for "the Northern District of Alabama, sitting as a court of equity. It was a bill filed by John C. Yerger, a minor, suing by bis next friend, against William Brandon in'his lifetime, and after his death revived against his executors.
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This was an appeal from the District Court of the United States for "the Northern District of Alabama, sitting as a court of equity. It was a bill filed by John C. Yerger, a minor, suing by bis next friend, against William Brandon in'his lifetime, and after his death revived against his executors. The material facts in the case.were-not disputed; but .the controversy depended upon the construction put upon those' facts. , In 1835, Albert Yerger, the father of the appellant, and .a citizen of Tennessee, made a nuncupative will and died. In this will he expressed his desire that, with certain…
1Opinion of the CourtJustice Gr.ier
The appellant, John C. Yerger, a minor, suing by his next friend, filed his bill against William Brandon, setting forth that the father of complainant died in the State of Tennessee, leaving him his only child and heir at law; that his father made a nuncupative will, by which James W. Camp was appointed guardian of complainant; that Camp, acting as such, took possession of his property, and removed to the State of Alabama, where he died in 1845, insolvent. That at the time of his death Camp was largely indebted to his ward for the use and hire of his slaves, and stated an account admitting…
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