Shumaker v. Bohrofen

The question involved herein is whether the holder of a note against a ward under guardianship may sue out a writ of attachment and levy the same upon the real estate of a ward and' may thereby ignore the guardianship proceeding and the custodia legis. At the time the action was brought, one of the makers of the note, Peter Bohrofen, Sr., was a person of unsound mind and under guardianship. He was the owner of three farms, — one comprised 80 acres located in Dallas county; and another one of 160 acres in Greene; and a third one of 160 acres in Kossuth county. These farms were incumbered for a…