Taylor v. Kilgore
Supreme Court of Alabama
Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Clark. The bill in this case was filed on the 22d April, 1848, by Josiah Kilgore, against Samuel H, Taylor and wife, and sought to recover from the defendants reimbursement for costs and expenses incurred by the complainant as guardian of Mrs. Taylor, then Miss Ramsey, in the unsuccessful prosecution of a chancery suit in South Carolina.
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Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Clark. The bill in this case was filed on the 22d April, 1848, by Josiah Kilgore, against Samuel H, Taylor and wife, and sought to recover from the defendants reimbursement for costs and expenses incurred by the complainant as guardian of Mrs. Taylor, then Miss Ramsey, in the unsuccessful prosecution of a chancery suit in South Carolina. The facts out of which the case arose, as shown by the bill, answer and proof, are briefly these: Mrs. Taylor’s father, John Ramsey, died in South Carolina, some time prior to 1832,…
1Opinion of the CourtWalker, J.
—The authorities cited authorize us to assume in the outset of this opinion, that if the complainant, as the guardian of Miss Ramsey, acted in good faith, and upon reasonable ground, in the institution of the suit in equity in Greenville district, South Carolina, he is entitled to reimbursement of the costs and expenses of the litigation—Apt v. Bean, 8 N. Hamp. 15; Mathes v. *217Bennett, 1 Foster, 204; In the matter of Hopper, 5 Paige, 289; Pearson v. Barrington, 32 Ala. 227; Savage v. Dickson, 16 Ala. 257; Alexander v. Alexander, 5 Ala. 517; Bendall v. Bendall, 24 Ala. 295; Pinckard v. Pinckard,…
2Cases cited7 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Bendall's Distributees v. Bendall's Adm'rSupreme Court of Alabama · 1854
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