Reports of Cases Argued And Determined in the Supreme Court of ..., volume 178
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 178
Alabama Supreme Court
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There is nothing to do but to ascertain what is due to each of the distributees and wards from the administrator and guardian, and to al- low and award him compensation for services already rendered, which the probate court can allow just as well as, and more speedily than, the chancery court could. It is not alleged that the probate court w^ill decline to allow the administrator any compensation to which he is due or will be due. I am unable to see any possible relief, awardable by the chancer...y court to eith- er complainants or respondents, which the probate court could not allow, even if every solitary fact al- leged in the bill and cross-bill be true. Interstate Bank v. Wesley* Bill to Cancel Mortgage as Security for Hushand^s Debt, (Decided June 29, 1912. 59* South. 621.) Husband and Wife; Debt of Husband; Security of Wife. — Where the wife files a bill to cancel a mortgage on her lands because the same was given to secure a debt of the husband, (as being void under sec. 4497, Code 1907) she has the burden to show that the debt was the separate debt of the husband, and not the joint ob- ligation of both; the majority of the court holding in the present case that the wife has discharged the burden so assumed.
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