Legal Opinion

Chilton v. Parks

Supreme Court of Alabama

Decided January 15, 1849PublishedCited by 9 opinions

Error to the Chancery Court of Benton. Before the Hon. W. W. Mason, Chancellor. The material facts of the case, are, that Moses L. Barr was appointed guardian of Julia and Mary Harding, by the orphans’ court of Madison, and gave Joseph Laughinghouse and Samuel Harris as his securities, and in February, 1837, being authorized to remove his guardianship to Benton county, he was appointed guardian by the orphans’ court of Benlon, and gave the complainant, and one Doyle as his…

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Error to the Chancery Court of Benton. Before the Hon. W. W. Mason, Chancellor. The material facts of the case, are, that Moses L. Barr was appointed guardian of Julia and Mary Harding, by the orphans’ court of Madison, and gave Joseph Laughinghouse and Samuel Harris as his securities, and in February, 1837, being authorized to remove his guardianship to Benton county, he was appointed guardian by the orphans’ court of Benlon, and gave the complainant, and one Doyle as his securities. His wards having attained the age of fourteen years, appeared before the orphans’ court of Benton, and one of…

1Opinion of the CourtDargan, J.

This bill is filed with a doule aspect. The first is, to cancel the notes and deed of trust, executed to secure their payment, which were given for the amount ascertained to be due from Barr, guardian, to his ward; and if this relief cannot be obtained, then to compel an account between the present guardians of the minors, and the administrators of Laughinghouse, who was the security of Barr for his guardianship in Madison county; and to charge the administration with the amount due by Barr to his wards, on the ground, that Barr had wasted the estate of his wards, previous to his appointment…

2Cases cited2 opinions

  1. Williamson v. HowellSupreme Court of Alabama · 1843
  2. Phillips v. BrazealSupreme Court of Alabama · 1848

3Cited by9 opinions

  1. Banks v. SpeersSupreme Court of Alabama · 1892
  2. Randall v. WadsworthSupreme Court of Alabama · 1900
  3. Gravett v. MaloneSupreme Court of Alabama · 1875
  4. Leach v. GraySupreme Court of Alabama · 1917
  5. In Re Kostohris' EstateMontana Supreme Court · 1934

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