Hemphill v. Lewis
Court of Appeals of Kentucky
Case 33 —PETITION APPEAL PROM JESSAMINE CIRCUIT COURT. CITED Revised Statutes, sec. 31, art. 2, chap. 37, 1 Stanton, 508. • Act of 1811, 1 M. & B. 673. Revised Statutes, sec. 8, chap. 40, 1 Stanton, 552. Civil Code, section 153. 3 Monroe, 224, Leathers v. MeGlasson, 7 J. J. Marshall, 352,. Ready’s heirs v. Stephenson. 3 Metcalfe, 63. 2 Duvall, 888. 16 B. Monroe, 555, Hill v. Golden. CITED Act of May 24, 1861, Myers’s Supplement, 133.
1Opinion of the Court
CHIBE JUSTICE EOBEETSON
delivered the opinion op the court.
Richard H. Ferguson, who was indebted as guardian to his ward, Joseph C. Lewis, nearly fifteen, hundred dollars, in 1858, made an assignment of his whole estate in trust to pay all his debts without discrimination as to character.
At the instance of James H. Lowry, his substituted surety, Ferguson was removed as guardian, and Andrew Hemphill was chosen by the ward as his guardian. Hemphill lost no time in initiating proceedings for the collection of his ward’s claim out of the trust estate. But, relying with apparent confidence on his…
2Cited by4 opinions
- Pulliam v. PulliamUnited States Circuit Court · 1881
- Houston's Guardian v. Luker's GuardianCourt of Appeals of Kentucky (pre-1976) · 1934
- Boaz's Adm'r v. MillikenCourt of Appeals of Kentucky · 1886
- Spaulding v. CissellCourt of Appeals of Kentucky · 1873