Ferguson v. Lowery
Supreme Court of Alabama
Appeal from Chancery Court of Perry. Heard before Hon. Charles Turner. The bill in this case was filed by the appellant, Lucy M. Ferguson, against Squire Lowery, her former guardian, and his sureties, to annul and cancel a release executed by her, and to compel a settlement of his guardianship in the chancery' court. The main facts of the case are as follows : In the early part of the year 1857, Lowery was appointed and qualified as guardian of complainant.
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Appeal from Chancery Court of Perry. Heard before Hon. Charles Turner. The bill in this case was filed by the appellant, Lucy M. Ferguson, against Squire Lowery, her former guardian, and his sureties, to annul and cancel a release executed by her, and to compel a settlement of his guardianship in the chancery' court. The main facts of the case are as follows : In the early part of the year 1857, Lowery was appointed and qualified as guardian of complainant. He received a considerable sum of money in par funds belonging to his ward, which he loaned out with good security. During the war, he…
1Opinion of the CourtBrickell, C. J.
The principle which must control in determining the validity of the release, executed by the appellant to her guardian, the appellee, Lowery, when she was in her twenty-fourth year, before a final settlement of the guardianship, is not matter of doubt or controversy. It is not perhaps capable of clearer or more accurate statement than as it is expressed by Judge Story : “ Courts of equity will not permit transactions between guardians and wards to stand, even when they have occurred after the minority has ceased, and the relation become thereby actually ended, if the intermediate period be…
2Cases cited11 opinions
- Horn v. LockhartSupreme Court of the United States · 1873
- Thorington v. SmithSupreme Court of the United States · 1869
- Key v. JonesSupreme Court of Alabama · 1875
- Kirby v. TaylorNew York Court of Chancery · 1822
- Harris v. ParkerSupreme Court of Alabama · 1868
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3Cited by34 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Brasher v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
- Slauter v. FavoriteIndiana Supreme Court · 1886
- Gillett v. WileyIllinois Supreme Court · 1888
- Abrams v. AbramsSupreme Court of Alabama · 1932
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