May v. May
Supreme Court of Florida
Appeal from the Circuit Court for Jefferson county. Asa May and Geo. W. Taylor executed the guardian’s hond as sureties. Alvin May, the principal and guardian, and Asa May died defore the commencement of this suit, which is instituted by Eva Lee May, an infant, by her next friend, William Bellinger, against the appellants as executrix and executors of Asa May," and James M. Kilpatrick as executor of Alvin May and against George W. Taylor.
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Appeal from the Circuit Court for Jefferson county. Asa May and Geo. W. Taylor executed the guardian’s hond as sureties. Alvin May, the principal and guardian, and Asa May died defore the commencement of this suit, which is instituted by Eva Lee May, an infant, by her next friend, William Bellinger, against the appellants as executrix and executors of Asa May," and James M. Kilpatrick as executor of Alvin May and against George W. Taylor. It was contended in argument that the note and mortgage (on land) referred to in the fifth paragraph of the opinion, and claimed to have been purchased as…
1Opinion of the Court
The Chief-Justice
delivered the opinion of the court.
I. The first ground of appeal is that complainant has ample remedy at law.
This, however, was not urged upon the argument. The suit is brought upon a guardian’s bond against the representatives of the deceased guardian and the representatives of a deceased surety, and against a surviving surety, and involves the settlement of the deceased guardian’s account. Cases of this character are peculiarly within equity jurisdiction. Pfeiffer & Sullivan vs. Knapp, 17 Fla., 145 ; Hendry and Wife vs. Clardy, 8 Id., 77; see Pace, Admr., vs. Pace, infant,…
2Cases cited8 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Harding v. WheatonSupreme Court of the United States · 1826
- Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
- White v. WeatherbeeMassachusetts Supreme Judicial Court · 1879
- Moore v. FelkelSupreme Court of Florida · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Adams v. FrySupreme Court of Florida · 1892
- American Surety Co. v. HaydenSupreme Court of Florida · 1933
- Trower v. BernardSupreme Court of Florida · 1896
- Childs v. BootsSupreme Court of Florida · 1933
- Grant v. AmikerSupreme Court of Florida · 1935
2 more not listed; retrieve them via the Exa API.