Hutton v. Williams
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Porter, King. The complaint in this case was in the following words: “ David H. Williams, who, as guardian for, and as such sues for the use of, William B. Hutton, Aquila D. Hutton, Aurelius W. Hutton, and Emmet C. Hutton, minors, under the age of twenty-one years, and Eugenia E. Williams, who sues in her own right, claim oí the defendant, John N. Hutton, two hundred and fifty dollars as damages, under the…
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Appeal from the Circuit Court of Greene. Tried before the Hon. Porter, King. The complaint in this case was in the following words: “ David H. Williams, who, as guardian for, and as such sues for the use of, William B. Hutton, Aquila D. Hutton, Aurelius W. Hutton, and Emmet C. Hutton, minors, under the age of twenty-one years, and Eugenia E. Williams, who sues in her own right, claim oí the defendant, John N. Hutton, two hundred and fifty dollars as damages, under the following circumstances : Aquila D. Hutton died in Greene county, Alabama, in the year 1852,. leaving a will, by which he…
1Opinion of the Court
A. J. 'WALKER, 0. <7.
It is contended, that this suit was not brought in the names of the proper parties plaintiff. The objections are, that the exclusive right of action was in the commissioners, who sold the land; that if the married woman who is a plaintiff, was a proper party, her husband should have been joined with her; and that a guardian, in such a case, has no right of action in his own name, for the use of his wards.
[1.] The legal title to the lands sold was in the plaintiffs. The proceeds of the sale would have belonged to them. By the purchaser’s failure to comply with his…
2Cases cited13 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
- Adams v. M'MillanSupreme Court of Alabama · 1838
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Ex parte Branch & Co.Supreme Court of Alabama · 1879
- Heflin v. MiltonSupreme Court of Alabama · 1881
- McCully v. ChapmanSupreme Court of Alabama · 1877
27 more not listed; retrieve them via the Exa API.