Hooker v. Hooker

Decided April 15, 1856

Mississippi Supreme Court · decided 1856-04-15

Hon. Charles Scott, Chancellor. N. B. Hooker and his wife filed their bill in the court below, in which they charged: that Nathan Hooker, the appellant, was the guardian of Martha Hooker, one of the appellees, from the year 1838 till her marriage in 1841. That they were at the time of the said marriage under the age of twenty-one years, and had great confidence in the integrity and honesty of said Nathan Hooker, who was the uncle of complainant, N. B. Hooker.

Decided 1856-04-15

Per curiam.

¶1— On reconsideration of this case, upon re-argument, we are satisfied that the decree should be reversed, and the bill dismissed.

¶2The gravamen of the bill consists in alleged fraudulent concealments by the plaintiff in error, in his account of settlement in the Probate Court, by reason of which it seeks to set aside that settlement. And it is well settled in this court that the settlement could only be set aside for fraud or want of notice. Searles v. Scott, 14 S. & M. 98. And when this case was formerly here on demurrer, it was said, “if upon final hearing the court shall believe that the proofs establish the charge of fraud, a decree setting aside the settlement will be made; and if not, the bill will be dismissed.” Opinion Book, E. 13.

¶3Acting upon this rule, and being of opinion that the fraud has not been established, the decree must be reversed, and the bill dismissed.