Borum v. Bell
Supreme Court of Alabama
Appeal from Pike .Probate Court. Tried before Hon. W. R. White. Appeal by the guardian ad litem of a minor heir of G-. W. Killgore from the decree of the probaite court on final settlement of the accounts of Bell, administrator of said estate.
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Appeal from Pike .Probate Court. Tried before Hon. W. R. White. Appeal by the guardian ad litem of a minor heir of G-. W. Killgore from the decree of the probaite court on final settlement of the accounts of Bell, administrator of said estate. Voucher No. 4 was as follows: “Troy, Ala., Oct. 20,1899. The Estate of G. W. Killgore, Dr. To Alex Jones to 18 months board for Mr. and Mrs. G. W. Killgore.V.$150 To 15 months board and attention to G. W. Killgore 50 $200 This Toucher was verified by the affidavit of Alex Jones, dated October 20th, 1899. Joseph Bell testified that on October 20th, 1899,…
1Opinion of the Court
HARALSON, J
1. It is true that a person who assumes to act as guardian of a lunatic or person non compos mentis, without an inquisition of lunacy, and without proper authority, may be charged as a trustee in invitum and compelled to account in a court of chancery.—Moody v. Bibb, 50 Ala. 245; Whetstone v. Whetstone, 75 Ala. 496.
It is, however, well settled, that an adult person, who is of unsound mind can become liable by implied contract for necessaries suitable to his estate and condition in life; and where such necessities are furnished to him, a legal liability rests upon him to pay for…
2Cases cited9 opinions
- McDowell v. JonesSupreme Court of Alabama · 1877
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
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3Cited by20 opinions
- Warten v. BlackSupreme Court of Alabama · 1915
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- Lowery v. PritchettSupreme Court of Alabama · 1920
- Tutwiler v. BurnsSupreme Court of Alabama · 1909
- Baggett v. SellersSupreme Court of Alabama · 1968
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