Rhett v. Mastin
Supreme Court of Alabama
Appeal from Madison Chancery Court. Heard before the Hon. S. K. McSpadden. The facts of the case appear sufficiently in the opinion.
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Appeal from Madison Chancery Court. Heard before the Hon. S. K. McSpadden. The facts of the case appear sufficiently in the opinion. The errors assigned are: 1. The chancery court erred in proceeding without service of summons on the appellants, Martha P. and Catherine M. Barnard. 2. In proceeding without service of summons, on said Martha P. and Catherine M. Barnard, in the mode prescribed by the rules of practice. 3. In the appointment of a guardian ad litem for said appellants, Catherine M. and Martha P. Barnard, they not having been served with summons. 1. The first assignment of error,…
1Opinion of the CourtPeters, J.
The facts of this case, so far as they are necessary to determine it in its present shape, are the following : On the 14th day of May, 1867, Mastín, the appel*90lee in this court and complainant in the court below, filed his bill in the chancery court of Madison county, then designated the 29th chancery district of the northern chancery division of Alabama. The bill was filed by Mastín “as the trustee of the separate estate of Harriet Barnard, which was created by the will of David Moore, deceased, late of Madison county,” as complainant, against said Harriet Barnard, and her minor children,…
2Cases cited4 opinions
- Walker v. HallettSupreme Court of Alabama · 1840
- Erwin v. FergusonSupreme Court of Alabama · 1843
- Preston v. DunnSupreme Court of Alabama · 1854
- Clark v. GilmerSupreme Court of Alabama · 1856
3Cited by7 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Peeples v. StollaSupreme Court of Alabama · 1876
- Rogers v. TorbutSupreme Court of Alabama · 1877
- Coleman v. SmithSupreme Court of Alabama · 1876
- Hamilton v. TolleySupreme Court of Alabama · 1923
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