Caple v. Drew

The opinion of the court was delivered by

Johnston, C. J. :

This was an action by George Caple, as guardian of Frank L. Mitchell, to recover a tract of land in Franklin county from Lucy A. Drew. Mitchell, while a minor, inherited the land, and in 1876 his sister, Anna A. Weegar, was appointed guardian of his estaté, and under the direction of the probate court a sale of the land was made to Levi H. Weegar, husband of the guardian. Later, in December, 1878, the lan-d was transferred to John J. Drew, *137and upon his death it descended to his widow, Lucy A. Drew. In his petition Caple alleged that on…