John Schumacher State Bank v. Tschiedel

McClendon, chief justice.

The First State Bank of Ellinger recovered a judgment for $215.15 against appellee, in his capacity as guardian of the estate of O. F. Tschiedel, non compos men-tis, which judgment was certified to the probate court of Fayette county, where the estate was pending, and was duly allowed as a claim against the estate. There being no funds in the estate, appellant, as liquidator of the Ellinger Bank, applied to the probate court for an order requiring the guardian to sell 'sufficient property to pay the judgment. Upon hearing of this motion, it was found that the only…