Eslava v. Lepretre
Supreme Court of Alabama
ERROR to the Chancery Court of Mobile. Heard before tbe Hon. J. W. LesesNE. John B. Lepretre exhibited his original bill against Miguel D. Eslava, and Adrian S. Lumie and Ovid Mazan ge, guardians of Louise Eslava, wife of said Miguel, setting forth, that on the 10th day of September, 1835, M. D. Eslava and Louise his wife, being indebted to him in the sum of $67,-776Ty¥, payable at various times, and in various amounts, as set forth in said bill, made to him a mortgage of an…
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ERROR to the Chancery Court of Mobile. Heard before tbe Hon. J. W. LesesNE. John B. Lepretre exhibited his original bill against Miguel D. Eslava, and Adrian S. Lumie and Ovid Mazan ge, guardians of Louise Eslava, wife of said Miguel, setting forth, that on the 10th day of September, 1835, M. D. Eslava and Louise his wife, being indebted to him in the sum of $67,-776Ty¥, payable at various times, and in various amounts, as set forth in said bill, made to him a mortgage of an interest of three-fourths in a certain lot in the city of Mobile, as security for tbe payment of said debt; that tbe…
1Opinion of the CourtLigon, J.
— In settling the law arising upon the assignments of error in this case, we will first consider those which involve points of pleading and practice; and then, those that affect the merits of the controversy between the parties.
The three first assignments relate to the proceedings against Mrs. Eslava, who is shown by the bill to have been non compos mentis when it was filed, and under the guardianship of Dumie and Mazange. The order appointing the guardians was made by the judge of the County Court of Mobile, on the day of , upon the petition of Miguel D. Eslava, who represented that his wife…
2Cases cited10 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Stow v. TifftNew York Supreme Court · 1818
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- McCurry v. HooperSupreme Court of Alabama · 1848
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3Cited by52 opinions
- James W. Partain v. The First National Bank of MontgomeryCourt of Appeals for the First Circuit · 1972
- Bland v. BowieSupreme Court of Alabama · 1875
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Evans v. JohnsonWest Virginia Supreme Court · 1894
- Paulling v. Creagh's AdministratorsSupreme Court of Alabama · 1875
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