Robinson v. Pebworth
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. JNO. A. Fosteb. In 1871, $1,400 was paid into the Probate .Court of Montgomery county, belonging to Samuel M., William D., Thomas PI. and MaryF. Pebworth, who were then minors, without guardian.
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Appeal from Montgomery Chancery Court. Heard before Hon. JNO. A. Fosteb. In 1871, $1,400 was paid into the Probate .Court of Montgomery county, belonging to Samuel M., William D., Thomas PI. and MaryF. Pebworth, who were then minors, without guardian. Afterwards, in May, 1871, Mrs. Frances A. Pebworth, the mother of said minors, was appointed their guardian by said court, and, after qualifying as such by executing bonds with Patrick Eobinson andEobert H. Knox as her sureties thereon, she was paid said money. Mrs. Pebworth and Knox were then insolvent, and have since continued to be so. On…
1Opinion of the CourtStone, J.
The testimony as to whose money — $1,200— was employed in making the first or cash payment in the purchase of the lot, all points in one direction, and shows conclusively that it was the money of the complainants, all of whom were then minors, some of very tender years. So, we have no difficulty in reaching the conclusion that the chancellor found, and rightfully found, that fact in favor of complainants.
The next inquiry is, did Robinson, when he received the money, know it was the property of complainants. Prances A. Pebworth, from whom Robinson received the money, mother of complainants,…
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