Huie v. Nixon
Supreme Court of Alabama
Error to the County Court of Montgomery. This was a petition for revoking letters of guardianship. The petition stated that Polly T. Nixon was the mother of a female infant child named Martha T. Augustin, being the child of a former husband, Thomas J. Augustin, deceased : That the child was a minor, under the age of fourteen years, and entitled, as one of the heirs of Samuel Augustin, to a distributive share of his estate : That the child had resided with her mother from the…
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Error to the County Court of Montgomery. This was a petition for revoking letters of guardianship. The petition stated that Polly T. Nixon was the mother of a female infant child named Martha T. Augustin, being the child of a former husband, Thomas J. Augustin, deceased : That the child was a minor, under the age of fourteen years, and entitled, as one of the heirs of Samuel Augustin, to a distributive share of his estate : That the child had resided with her mother from the time of her birth, and now resided with petitioners, who had the care and control of her, and had discharged their duty…
1Opinion of the CourtOrmond, J.
This was a petition, filed by the defendants in error, in the County court of Montgomery, praying the removal of the plaintiff in error, as guardian of Martha T. Augustin, an infant. The plaintiff in error moved the court to dismiss the petition, and quash the citation ; which being refused, the defendant in error filed the following exceptions :
1. That the said Polly T. Nixon is the mother and natural guardian of the said Martha T. Augustin, and that the said John D. Nixon is the husband of the said Polly T. Nixon: that the right of guardianship belongs to the said Polly T. Nixon, and not to…
2Cases cited1 opinion
- Ripitoe v. HallSupreme Court of Alabama · 1827
3Cited by4 opinions
- Murphree v. HansonSupreme Court of Alabama · 1916
- Pollard v. PollardSupreme Court of Alabama · 1922
- Hall v. LaySupreme Court of Alabama · 1841
- Cockrell v. CockrellSupreme Court of Alabama · 1860