Legal Opinion

Bowden v. Perdue

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 13 opinions

Appeal from the Chancery Court of Butler. Heard before the Hon. Hukiosco Austill. Lillie M. Bowden, an infant, filed by her next friend, Jesse Bowden, a bill of complaint in the Chancery Court of Butler county, to correct the errors committed by the Court of Probate of the said county, in the settlement of her guardian.

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Appeal from the Chancery Court of Butler. Heard before the Hon. Hukiosco Austill. Lillie M. Bowden, an infant, filed by her next friend, Jesse Bowden, a bill of complaint in the Chancery Court of Butler county, to correct the errors committed by the Court of Probate of the said county, in the settlement of her guardian. The bill alleges that Lillie M. Bowden is the daughter of Bennett Bowden, who is dead; and that she inherited from her father both real and personal property. The Probate Court of Butler county, about the first day of January, 1865, appointed W. B. Bowden her guardian, who…

1Opinion of the Court

BRICKELL, C. J.—

The bill is filed for the correction of errors committed by the Court of Probate, on the final settlement of a guardianship. It is not averred that by accident, mistake, surprise, or fraud, or by any act of the guardian, the ward, now complaining, could not have had in the Court •of Probate, the full benefit of every fact now relied on as a ground of equitable interference. On the contrary, it is averred these facts were introduced in evidence, and the *413court exercising its proper jurisdiction, adjudged they were insufficient to charge the guardian for moneys he had loaned,…

2Cases cited3 opinions

  1. Watts v. GayleSupreme Court of Alabama · 1852
  2. Otis v. DarganSupreme Court of Alabama · 1875
  3. Boswell v. TownsendSupreme Court of Alabama · 1876

3Cited by13 opinions

  1. Evans v. EvansSupreme Court of Alabama · 1917
  2. Humphreys v. BurlesonSupreme Court of Alabama · 1882
  3. Waldrom v. WaldromSupreme Court of Alabama · 1884
  4. Hall v. PegramSupreme Court of Alabama · 1888
  5. Vincent v. MartinSupreme Court of Alabama · 1885

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