Rice v. Rice
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. John J. Glenn, Judge, presiding. This was a suit in chancery, brought by S. F. Rice, William H. Parker, (administrator of the estate of George W. Parker, deceased,) Eliza A. Anderson, and Hans Anderson, her husband, against Amos Rice, and Lucinda Rice, his wife, Caroline Rice, and Fannie Rice, (now Tucker,) and others, to reach a trust fund in the hands of Amos Rice, as guardian of Caroline Rice and others.
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Appeal from the Circuit Court of Knox county; the Hon. John J. Glenn, Judge, presiding. This was a suit in chancery, brought by S. F. Rice, William H. Parker, (administrator of the estate of George W. Parker, deceased,) Eliza A. Anderson, and Hans Anderson, her husband, against Amos Rice, and Lucinda Rice, his wife, Caroline Rice, and Fannie Rice, (now Tucker,) and others, to reach a trust fund in the hands of Amos Rice, as guardian of Caroline Rice and others. In 1863 Amos Bice was appointed guardian of Obed, Fannie and Lydia Bice, and as such executed his bond in the sum of $1000, with S.…
1Opinion of the CourtChief Justice Sheldon
Amos Eice, the guardian, having paid $1000 of his ward’s money in the purchase of the land in question, the ward might follow the money into the land, and claim it to be trust estate, as was the money. The ward, then, had a double recourse for his guardian’s defalcation,—either to this land, or to the guardian’s bonds. The ward’s personal representative resorted to the bonds, obtained judgment against the sureties, and they' paid the judgment in full. A surety has a clear right, upon paying the debt of a principal, to be substituted in the place of the creditor as to all the securities held…
2Cases cited1 opinion
- Marsh v. PikeNew York Court of Chancery · 1844
3Cited by13 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Lochenmeyer v. FogartyIllinois Supreme Court · 1884
- State ex rel. Luck v. AtkinsSupreme Court of Arkansas · 1890
- Peirce v. GarrettAppellate Court of Illinois · 1896
- Schindelholz v. CullumCourt of Appeals for the Eighth Circuit · 1893
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