Page:Federal Reporter, 1st Series, Volume 1.djvu/23

 MICOK V. LAHAB. 15 �York, against the defendant, as exeeutor of Gazaway B. La- mar. The case was removed into this court by the defendant, and the plaintifif having died, the suit was revived in the name of the present plaintiff, her administratrix. �The complaint alleges that on the twenty-first day of De- cember, 1855, the defendant's testator, Gazaway B. Lamar, was duly appointed, by the surrogate of Eichmond county, guardian of the said Ann G. Sims, then an infant of about four years of age, and then residing in said county of Eich- mond; that he accepted said trust and gave bond as required bylaw; that on or about January 1, 1856, he took into his possession ail the property of said infant, being more than $5,000 in cash and other property; that he never, during his life-time, rendered an account of said guardianship to the surrogate of Eichmond county, or to any court having cogni- zance thereof, or to the plaintiff ; that the said infant has become of full age and has demanded an account, which the said guardian and his exeeutor have neglected to give. The prayer of the complaint is for an account and payment of the balance found due. �The answer of the defendant avers that the said Gazaway B. Lamar was a citizen of Georgia, and said infant was a citizen of Alabama, having a temporary residence in the city of New York, when the said Lamar was appointed guardian of said infant, as alleged in the complaint ; that in the year 1861 the stàtes of Georgia and Alabama declared themselves to have seceded from the United States, and to constitute members of the so-called Confederate States of America, whereupon a state of war arose between the United States and the Confederate States, which continued to be flagrant for more than four years after the spring of 1861; that the said Lamar and Ann G. Sims were, in the spring of 1861, citizens and residents of Georgia and Alabama, respectively, and citizens of the Confederate States, and were engaged in aiding and abetting the state of Georgia and the Confederate States in their rebellion against the United States, and so continued till January, 1865; that the United States, by various public acts, declared ail the estate and property of ��� �