Hall v. Hall
Supreme Court of Alabama
This was a bill in equity, exhibited in the chancery court of Mobile, by ¥m. C. Hall, in his own behalf, and as next friend of Joseph, Eliza and Thompson Hall, minors, against their guardian, Gerald B. Hall, and Y. O. Hall, his security, praying for account and discovery, reformation of guardian’s bonds, final settlement, and removal of guardian, and for general relief.
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This was a bill in equity, exhibited in the chancery court of Mobile, by ¥m. C. Hall, in his own behalf, and as next friend of Joseph, Eliza and Thompson Hall, minors, against their guardian, Gerald B. Hall, and Y. O. Hall, his security, praying for account and discovery, reformation of guardian’s bonds, final settlement, and removal of guardian, and for general relief. The bill alleges that on the 25th of May, 1861, Gerald B. Hall was duly appointed, qualified, and gave bond, in the probate court of Mobile county, as guardian of complainants, with Y. O. and Joseph Hall as his securities;…
1Opinion of the CourtPeters, J.
In courts of chancery, it is upon the allegations of the bill and the answer that the parties are to be relieved or defended. Upon these alone the chancellor predicates his decree. In this case the answer is in the nature of a cross-bill, and asks, in effect, the ratification and approval of the acts of the guardian, by which the estate of his wards has been wholly lost. Then, it should show such a narrative of facts as would have justified the allowance of such ratification, should the same have been set up in a bill for relief, under like circumstances. — Adams’ Eq. p. 343, marg.
A guardian…
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