Shanklin v. Boyce
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — How. Geo. W. Wanamaker, Judge. (1) While plaintiff was insane, confined in a hos- ^ pital in St. Louis, the probate court conducted an inquisition of insanity concerning him, and appointed a guardian of his person and estate, without notice to him, without his having any knowledge of it. Plaintiff contends that this original insanity inquisition is wholly void in law, for want of notice to him.
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Appeal from Grundy Circuit Court. — How. Geo. W. Wanamaker, Judge. (1) While plaintiff was insane, confined in a hos- ^ pital in St. Louis, the probate court conducted an inquisition of insanity concerning him, and appointed a guardian of his person and estate, without notice to him, without his having any knowledge of it. Plaintiff contends that this original insanity inquisition is wholly void in law, for want of notice to him. Hunt v. Searcy, 167 Mo. 158; Bank v. Shanklin, 174 Mo. App. 642; In re Lambert, 66 Pac. Rep. 851, 134 Cal. 626; Wilcox v. Phillips, 260 Mo. 664; Wheeler v. State, 32…
1Opinion of the CourtBond, P. J.
*14a ement. *131. In January,. 1911, the plaintiff filed his amended petition, making Richard E. Boyce and Grundy County, Missouri, defendants, alleging that he became insane on November 26, 1895, and remained in *14that condition until July 15, 1910, when his reagon an(j understanding were fully restored; that at the time of his becoming insane he owned certain real estate described in his petition; that on December 28, 1896, one C. L. Berry, assuming' to be the guardian of the person and estate of the plaintiff, unlawfully and fraudulently took possession of said property and attempted to sell and…
2Cases cited4 opinions
- Hunt v. SearcySupreme Court of Missouri · 1902
- State Bank v. DoughertySupreme Court of Missouri · 1902
- In re MarquisSupreme Court of Missouri · 1885
- Western Tie & Timber Co. v. PulliamSupreme Court of Missouri · 1911
3Cited by14 opinions
- Rains v. MoulderSupreme Court of Missouri · 1936
- Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933
- State Ex Rel. Terry v. HoltkampSupreme Court of Missouri · 1932
- Ussery v. HaynesSupreme Court of Missouri · 1939
- Shanklin v. WardSupreme Court of Missouri · 1921
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