Houston v. Deloach
Supreme Court of Alabama
Appeal from the Probate Court of Sumter. Tried before Hon. J. E. Abrahams. The opinion contains all the material facts of the case. Appellant had authority to lend his ward’s money. — Walker’s Code, § 2426, 2427. The fact that he lent it to a firm, of which he was a member, without taking security, only rendered him liable in the event of its loss. But it was not lost for the want of security.
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Appeal from the Probate Court of Sumter. Tried before Hon. J. E. Abrahams. The opinion contains all the material facts of the case. Appellant had authority to lend his ward’s money. — Walker’s Code, § 2426, 2427. The fact that he lent it to a firm, of which he was a member, without taking security, only rendered him liable in the event of its loss. But it was not lost for the want of security. On the contrary, it was repaid in a currency which he was authorized by law to take. The currency thus taken, was invested by him in Confederate bonds, without delay and in good faith. He was therefore…
1Opinion of the CourtB. E. Saeeold, J.
The appellant, as guardian of the appellee, on the final settlement of his guardianship, on the 18th of January, 1868, claimed a credit for $5,000 of Confederate four per cent, bonds. He alleged that he had procured them with Confederate treasury-notes, received by him in 1864, in payment of a debt due to him as guardian of his ward, under the authority of an act of the legislature, approved November 7th, 1861.
The allowance of the credit was contested, and the evidence adduced on the trial established the following facts : Mr. Bush, the former guardian of the Deloach children, of whom the…
2Cases cited2 opinions
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3Cited by7 opinions
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- Catterlin v. MorganSupreme Court of Alabama · 1874
- High v. SnedicorSupreme Court of Alabama · 1876
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