May v. Duke
Supreme Court of Alabama
Appeal from Chancery Court of Sumter. Heard before Hon. A. W. Dillard. The appellee, Anna K. Duke, upon attaining majority, filed her bill against May and Sprott, the former being a surety, and the latter the personal representative of one King, a co-surety upon the bond of appellee’s guardian, seeking an account or decree for the,amount due the ward.
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Appeal from Chancery Court of Sumter. Heard before Hon. A. W. Dillard. The appellee, Anna K. Duke, upon attaining majority, filed her bill against May and Sprott, the former being a surety, and the latter the personal representative of one King, a co-surety upon the bond of appellee’s guardian, seeking an account or decree for the,amount due the ward. The case made by the bill and exhibits was this: In 1854, Anna Duke, mother of appellee, was appointed her guardian, and May and King were sureties upon her bond, and received some $1,400, the amount of appellee’s distributive share of her…
1Opinion of the CourtBrickell, C. J.
The settlement made by the guardian in 1857, was a partial or annual, and not a final settlement. The decree rendered would not have authorized the issue of an execution, nor supported an appeal. The only effect of it was as evidence of the state of the guardian’s accounts at the time. It was prima facie evidence, (if regularly made), that the guardian was not then chargeable with .any greater sum of money, than was - charged against her, and was entitled to all the credits embraced in the account. On final settlement its correctness was disputable, and it would have been competent for either…
2Cases cited3 opinions
- Lee v. LeeSupreme Court of Alabama · 1876
- Hutton v. WilliamsSupreme Court of Alabama · 1877
- Walls & Wire v. GrigsbySupreme Court of Alabama · 1868
3Cited by9 opinions
- Lee v. LeeSupreme Court of Alabama · 1880
- McGowan v. MilnerSupreme Court of Alabama · 1915
- Leach v. GraySupreme Court of Alabama · 1917
- Cunningham v. CunninghamSupreme Court of Alabama · 1927
- Farmer v. ColemanSupreme Court of Alabama · 1936
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