Gates v. Carpenter
Supreme Court of Iowa
Appeal from, Blade Howie District Court. This suit was brought by Amos Gates, as guardian of Merritt Potter, to set aside a deed of certain land in Black Hawk county, executed by Potter in 1856, and when he was about fourteen years of age. The grantees in Potter’s deed are the defendants Reynolds Carpenter, Jr., Blackmar E. Brownell, and Andrew P. Carpenter.
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Appeal from, Blade Howie District Court. This suit was brought by Amos Gates, as guardian of Merritt Potter, to set aside a deed of certain land in Black Hawk county, executed by Potter in 1856, and when he was about fourteen years of age. The grantees in Potter’s deed are the defendants Reynolds Carpenter, Jr., Blackmar E. Brownell, and Andrew P. Carpenter. One Edward Hathaway, who has since died, became an innocent purchaser of said land, and his heirs are made defendants hereto. Potter became insane when he was about fifteen years of age, and has remained so without any lucid interval. In…
1Opinion of the CourtAdams, J.
1 guardian: appointment: practice. I. Although the evidence in this case shows that Potter was not an inhabitant, of Black Hawk county Iowa at the time Gates was appointed his guardian by the Circuit Court of said county, and also silows that he had no foreign guardian, yet we do not know, nor would it be proper for us to inquire, what was the-evidence before the Circuit Court upon which the letters Of guardianship were issued. Again, the plaintiff avers in his petition that he “was duly appointed guardian ”, etc. The answer simply denies the allegation. The validity of the appointment could…
2Cases cited1 opinion
- Jenkins v. JenkinsSupreme Court of Iowa · 1861
3Cited by4 opinions
- Brewster v. WestonMassachusetts Supreme Judicial Court · 1920
- Tiffany ex rel. Tucker v. WorthingtonSupreme Court of Iowa · 1896
- Appanoose County v. HenkeSupreme Court of Iowa · 1929
- Halferty v. WilmeringSupreme Court of the United States · 1885