Page:Federal Reporter, 1st Series, Volume 1.djvu/24

16 FEDERAL REPORTER �the said Lamar and the said Ann C. Sims to be liable to seizure and oonfiscaiion, and they were outlawed and debarred of any access to any court of the United States, wliereby it was impossible for the said Lamar to appear in the Burro- gate's court of Richmond county, to settle and close his ac- counts there, and to be discharged of his liability as guardian, in consequence whereof the relation of guardian and ward ceased and determined, so far as the same depended upon the order or decree of said surrogate's court; that, for the purpose of saving the money and property of said Ann C. Sims from seizure and confiscation by the United States, the said Lamar, at the request of said Ann C. Sims and of lier natural guardians, ail citizens of Alabama, 'withdrew the funds belonging to her from the city of New York, where they were declared to be forfeited and confiscated, and invested the same, for her benefit and account, in such securities as, by the laws of Alabama and Georgia and of the Confederate States, he might lawfuUy do; that on the tifteenth day of March, 1867, at the written request of said Ann C. Sims and of her natural guardians, one Benjamin H. Micon was ap- pointed her legal guardian by the probate court of Montgom- ery county, in the state of Alabama, whei-e she then resided, and that said Lamar accounted with and paid over to said Micon, as guardian, ail the estate with which he was charge- able, as guardian, and received from the said Micon, as guardian, a full release therefrom, and that the' said Ann C. Sims ratified and confirmed the same when she became of age. �A similar suit was brought by Ann G. Sims, as adminis- tratrix of Martha M. Sims, her sister, of whom the said Lamar was at thesame time appointed guardian. Martha M. Sims died in 1864, at the age of 15 years, unmarried and intestate, leaving the said Ann C. Sims her next of kin. The complaint in this second suit states a cause of action similar to that stated in the suit of Ann C. Sims. The answer in this case states the same defences of the dissolution of the relation of guardian and ward by the war; the withdrawal ot the funds to save them from confiscation. It also avers that ��� �