Capell v. Landano
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hou. Wade Keyes. The bill in this ease was filed by Wesley N. Capell and Harvey 8. Capell, against John Nugent, G-iobe Landano, and others; and sought to compel a settlement of said Nugent’s accounts as guardian of the complainants, and to enforce payment of whatever balance might be found due to them out of certain property, real and personal, in the hands of Landano, who, the bill alleged, purchased from Nugent,…
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Appeal from the Chancery Court at Mobile. Heard before the Hou. Wade Keyes. The bill in this ease was filed by Wesley N. Capell and Harvey 8. Capell, against John Nugent, G-iobe Landano, and others; and sought to compel a settlement of said Nugent’s accounts as guardian of the complainants, and to enforce payment of whatever balance might be found due to them out of certain property, real and personal, in the hands of Landano, who, the bill alleged, purchased from Nugent, with notice that said property had been mortgaged by Nugent to the sureties on his official bond as complainants’…
1Opinion of the CourtA. J. Walker, C. J.
The proceedings in the orphans’ court, for the final settlement of the guardian’s accounts, was continuous from its commencement to its dismissal. It was not a proceeding of separate and distinct parts, each complete in itself, but one in which every step, from its commencement, tended to the result of a final settlement by a final decree. Until its termination by some final decree, it was incomplete: it remained sub judice ; the jurisdiction of the court over it continued, and the court retained jurisdiction over the question of its dismissal. A dismissal of the proceeding before its…
2Cases cited14 opinions
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Preston v. DunnSupreme Court of Alabama · 1854
- Hudson v. HudsonSupreme Court of Alabama · 1852
- Riddle v. HannaSupreme Court of Alabama · 1854
- Thompson v. Peebles' HeirsCourt of Appeals of Kentucky · 1838
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3Cited by3 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Langston v. Louisville & N. R.Supreme Court of Alabama · 1926
- Lewis v. MartinSupreme Court of Alabama · 1923