Field & Adams v. Lucas
Supreme Court of Georgia
Trover, in Bibb Superior Court. Tried before Judge Powers, May Term, 1856. This was action of Trover brought by Cincinnatus M. Lucas, guardian of Littleberry Lucas, a lunatic, agains John M. Fields and Abram Adams, for thirty bags of cotton, which they had received into their warehouse .in the city of Macon, and converted to their own use, &c.
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Trover, in Bibb Superior Court. Tried before Judge Powers, May Term, 1856. This was action of Trover brought by Cincinnatus M. Lucas, guardian of Littleberry Lucas, a lunatic, agains John M. Fields and Abram Adams, for thirty bags of cotton, which they had received into their warehouse .in the city of Macon, and converted to their own use, &c. Plaintiff opened his case by reading the declaration: Defendant’s counsel demurred thereto, upon the ground, that it appeared that the action was brought in the name of the guardian of the lunatic, and not in the name of the lunatic himself. The Court…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The first error complained of is, that the suit was brought in the name of the guardian instead of that of the lunatic.
*451It seems ta be the practice in England, for the non compos himself to be a party plaintiff when suing and a party defendant when sued. But the reason is, his estate is not vested in his guardian, upon inquisition found. The title remains in the lunatic himself. Not so under the laws of this State. Cobb 342. Certainly the right of possession, if not of title, under our laws, vests in the guardian, and this entitles him to sue…
2Cited by12 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Slaughter v. HeathSupreme Court of Georgia · 1907
- McAllister v. RowlandSupreme Court of Minnesota · 1913
- Akin v. AkinSupreme Court of Georgia · 1926
- Scott v. WinninghamSupreme Court of Georgia · 1887
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