Legal Opinion

National Surety Co. v. Landers

Court of Appeals of Texas

Decided November 23, 1921No. 2448PublishedCited by 11 opinions

Appeal from District Court, Hopkins County; Geo. B. Hall, Judge. Action by Mrs. Alice B. Landers against the National Surety Company. Judgment for plaintiff, and defendant appeals. By an order of the county court of Hopkins county made July 3, 1912, A. P. Landers was appointed guardian of the person and estate of appellee, Alice B. Landers, his wife, who, the order recited, had been “adjudged to be a person of unsound mind.”

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Appeal from District Court, Hopkins County; Geo. B. Hall, Judge. Action by Mrs. Alice B. Landers against the National Surety Company. Judgment for plaintiff, and defendant appeals. By an order of the county court of Hopkins county made July 3, 1912, A. P. Landers was appointed guardian of the person and estate of appellee, Alice B. Landers, his wife, who, the order recited, had been “adjudged to be a person of unsound mind.” In March, 1914, said court made an order directing said A. P. Landers, as such guardian, to sell an undivided interest appellee owned in a tract of land. The court in the…

1Opinion of the Court

WILLSON, O, J.

(after stating the facts as above). [1,2] The order of the county court approving the guardian’s report.was made October 26, 1916. By the terms of the statute (article 733, Vernon’s Statutes) appel-lee was not entitled to have the order revised and corrected after the expiration of two years from that date, unless she was then of- unsound mind, in which event she had two years after the removal of that disability in which to institute proper proceedings to have the order corrected. Appellant does not controvert testimony showing that appel-lee was of unsound mind and confined in…

2Cases cited5 opinions

  1. Converse v. DavisTexas Supreme Court · 1897
  2. Rowan v. HodgesCourt of Appeals of Texas · 1915
  3. Herndon v. VickCourt of Appeals of Texas · 1898
  4. Pishaway v. RunnelsTexas Supreme Court · 1888
  5. Whitman v. AldrichCourt of Appeals of Texas · 1913

3Cited by11 opinions

  1. Safety Casualty Co. v. WallsCourt of Appeals of Texas · 1938
  2. Smith v. RiviereCourt of Appeals of Texas · 1952
  3. White v. BellCourt of Appeals of Texas · 1927
  4. Home Indemnity Company v. DraperCourt of Appeals of Texas · 1973
  5. Billups v. GallantCourt of Appeals of Texas · 1931

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