Houston's Guardian v. Luker's Guardian

Opinion op the Court by

Judge Richardson

Affirming.

These appeals have been consolidated and will therefore be tried as one.

We are confronted with a motion to dismiss both of them. Without determining the right of the appellee in the first-entitled action to have it dismissed, we shall consider it on its merits. Owen Philpot was guardian of Lillie M. Penticough Houston, and on July 7, 1928, he and Fielden Houston filed a petition ex parte, which, with the leave of court, was amended, wherein he sought the authority of the chancellor to approve the investment of $2,000 of the money in his hands…