Phillips v. Towles
Supreme Court of Alabama
Appeal from Bandolph Probate Court. Tried before lion. S. E. A. Beaves. In the matter of the final settlement of James M. Towles as guardian of Thomas M. Phillips, a minor. As shown by the record, in 1860, the ward’s father died intestate, seized and possessed of a considerable estate, consisting of real and personal property; and soon thereafter James JJ.
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Appeal from Bandolph Probate Court. Tried before lion. S. E. A. Beaves. In the matter of the final settlement of James M. Towles as guardian of Thomas M. Phillips, a minor. As shown by the record, in 1860, the ward’s father died intestate, seized and possessed of a considerable estate, consisting of real and personal property; and soon thereafter James JJ. Towles and another were appointed administrators of the estate of said decedent, and, as such, took possession of the property belonging to -the estate, which, during the same year, they sold on credit, taking notes for the purchase-money.…
1Opinion of the CourtSomenyille, J.
— This appeal is from a- decree of the probate court made on the final settlement by the appellee, Towles, of his accounts as guardian of the estate of Thomas M. Phillips. The court rendered a judgment, or decree in favor of the ward against Towles for the sum of two thousand eight hundred and sixty-four 45-100 dollars, besides costs, in August, 1881. In October following, an execution was issued on the decree and levied on the defendant’s property. In December, 1881, the execution was fully satisfied by payment. This appeal was taken in January, 1882,-after such coercion of satisfaction, and…
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