Chapman v. Chapman
Supreme Court of Alabama
[action at law by ward against guardian.] Appeal from the Circuit Court of Talladega. 'Tried before the Hon. Johk Gill Shorxee.. This action was brought by the appellant, to recover the value of the services or hire of a slave belonging to him, which was alleged to have been in the defendant’s possession, from the year 1838 to the year 1846, both inclusive.
Read the full summary
[action at law by ward against guardian.] Appeal from the Circuit Court of Talladega. 'Tried before the Hon. Johk Gill Shorxee.. This action was brought by the appellant, to recover the value of the services or hire of a slave belonging to him, which was alleged to have been in the defendant’s possession, from the year 1838 to the year 1846, both inclusive. The defendant pleaded the general issue, payment, and set-off; and also two special pleas, which averred, iu substance, that the slave went into his possession by virtue of his appointment by the • orphans’ court of Sumter, in March, 1836,…
1Opinion of the CourtStone, J.
In Chilton v. Cabiness, 14 Ala. 449-50, and in Vincent v. Rogers, at the January term, 1857, a principle was asserted, which must be regarded as decisive of this case on its main point. — See those cases, and the authorities therein cited; also, Kavanaugh v. Thompson, 16 Ala. 819.
We think that both principle and authority forbid that an action at law should be maintained by a ward against his guardian, for the use, income or profits of the property of the ward, which went into the possession of the guardian by virtue of his appointment as such, unless there has been a settlement of the…
2Cases cited1 opinion
- Turcott v. HallSupreme Court of Alabama · 1845
3Cited by8 opinions
- Lee v. LeeSupreme Court of Alabama · 1876
- Garrett v. GarrettSupreme Court of Alabama · 1881
- Morris v. HallSupreme Court of Alabama · 1868
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
- Ward v. StallworthSupreme Court of Alabama · 1942
3 more not listed; retrieve them via the Exa API.