Troy v. Ellerbe
This text of 48 Ala. 624 (Troy v. Ellerbe) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
There is nothing which separates this case in principle from the case of Bibb & Falkner v. Avery, Adm'r, decided at the June term of this court, (45 Ala. 691.) Upon the authority of that case, the judgment of the court below must be affirmed. A guardian appointed by a rebel court of probate, sitting under authority of the insurrectionary organization then having military control of this State, in 1863, can not maintain an action as such guardian in the lawful courts of this State, without a renewal of his appointment under the rightful State government, since the failure of the rebellion.
The judgment of the court below is affirmed.
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Cite This Page — Counsel Stack
48 Ala. 624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/troy-v-ellerbe-ala-1872.