Dearman v. Dearman
Supreme Court of Alabama
Weit af Error to the Circuit Court of Sumter. This was an action of trover, for the conversion of a slave, brought by the defendant in error against the plaintiff. The declaration commences as follows: « William Dearman, guardian in idiocy of Jonathan C. Dearman, by attorney, complains, &c.” ; and counts upon the possession of the ward, and conversion by the defendant previous to the time when he was declared an idiot, and concludes to the damage of the ward.
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Weit af Error to the Circuit Court of Sumter. This was an action of trover, for the conversion of a slave, brought by the defendant in error against the plaintiff. The declaration commences as follows: « William Dearman, guardian in idiocy of Jonathan C. Dearman, by attorney, complains, &c.” ; and counts upon the possession of the ward, and conversion by the defendant previous to the time when he was declared an idiot, and concludes to the damage of the ward. To the declaration the defendant demurred, and his demurrer being overruled, he pleaded not guilty ; and on an issue upon that plea,…
1Opinion of the CourtCollier, C. J.
The fifty-second section of the act of 1806, « concerning wills and testaments; the settlement of intestate’s estates; and the duty of executors, administrators and guardians” enacts, that the guardians of idiots, lunatics, and persons non compos mentis, are empowered “ to collect, sue for and recover, all just debts due to such idiot, lunatic, or person non compos mentis.” [Aik. Dig. 221.] The thirty-fourth section of the act of 1819, “ to regulate the proceedings hr the courts of law and equity in this State,” provides, that the guardians of idiots and lunatics, “ shall have the same power…
2Cited by2 opinions
- Birmingham Union Railway Co. v. AlexanderSupreme Court of Alabama · 1890
- Street v. . AndrewsSupreme Court of North Carolina · 1894