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42 Ala. 131

Campbell v. Conner

Supreme Court of Alabama

Decided January 15, 1868

Supreme Court of Alabama · decided 1868-01-15

Heard before Hon. N. W. Cocke. The bill in this case was filed on the 6th Eebuary, 1866, by James A. Conner and Anna Conner his wife, Beneen McLelland, and Rosa McLelland, of the State of Mississippi, against David L. Campbell, Bulah McLelland, Mary McLelland, and George McLelland, and sought to compel a settlement of said David L. Campbell's guardianship of the children of George K. D. McLelland, deceased.

Cited by 1 later decisions — most recently November 1917

1 state decisions

Relies on Moore v. Lesueur · Vanderveer v. Alston · Marshall v. Crow's Adm'r

Good law ✅— No negative treatment on recordhow we know

Decided 1868-01-15

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A. J. WALKER, C. J.

¶1The jurisdiction of the chancery court was concurrent with that of the probate court in the *133settlement of a guardianship, and the bill in this ease having been filed before the commencement of any proceedings for the settlement of the guardianship in the probate court, it was not necessary to allege any special equity to sustain the chancery jurisdiction. — Park v. Park, 36 Ala. 133; Moore v. Leaner, 33 Ala. 237.

¶2The deceased ward having- died in infancy without debts, his interest could be represented in chancery by the distributees of his estate without an administration.— Carter v. Owens, in manuscript; Anderson v. Anderson, 37 Ala. 683 ; Marshall v. Crow, 29 Ala. 279; Vanderver v. Alston, 16 Ala. 494; Miller v. Eatman, 11 Ala. 609 ; Bethea v. McCall, 5 Ala. 308.

¶3Affirmed.

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