Phillipi v. Capell
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. The appellees in this case, Wesley N. Capell and Harvey S. Capell, filed their bill against John Nugent, Griobe Landano, and others, to enforce a settlement of said Nu-gent’s accounts as their guardian, and to subject to the satisfaction of whatever decree might be rendered in their favor certain slaves and other property, which Nugent had mortgaged to the sureties on his official bond as guardian,…
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Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. The appellees in this case, Wesley N. Capell and Harvey S. Capell, filed their bill against John Nugent, Griobe Landano, and others, to enforce a settlement of said Nu-gent’s accounts as their guardian, and to subject to the satisfaction of whatever decree might be rendered in their favor certain slaves and other property, which Nugent had mortgaged to the sureties on his official bond as guardian, and which Landano claimed by subsequent purchase from him. An attachment was sued out in the case, to prevent Landano…
1Opinion of the CourtA. J. Walker, C. J.
Before forfeiture of the forthcoming bond, the slave Matt died; and no liability upon the bond could result from the failure to deliver him in pursuance of the stipulations of the bond. — Falls v. Weissinger, 11 Ala. 801.
The decree of the court below must be reversed, and a decree must be here rendered, dismissing complainants’ petition; and the appellees (who were the petitioners below) must pay the costs of the chancery court, and of this court.
2Cases cited1 opinion
- Falls v. WeissingerSupreme Court of Alabama · 1847
3Cited by1 opinion
- Pearce v. MaguireSupreme Court of Rhode Island · 1890