Legal Opinion

Rawlins v. Rawlins

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 9 opinions

Error to Linn Circuit Court. — Hon Cf. D. Burgess, Judge. Plaintiff’s case is that defendant (his father) was duly appointed guardian of the persons and estates of plaintiff and John J. Rawlins and Fielding J. Rawlins, in September, 1874, and that defendant then gave bond as such ; said minors were defendants’ children ; that their mother, Mary Rawlins, died in December, 1869, and her father, Isaac Gerhart in 1873 ; that John J. Rawlins died in 1878, unmarried and without…

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Error to Linn Circuit Court. — Hon Cf. D. Burgess, Judge. Plaintiff’s case is that defendant (his father) was duly appointed guardian of the persons and estates of plaintiff and John J. Rawlins and Fielding J. Rawlins, in September, 1874, and that defendant then gave bond as such ; said minors were defendants’ children ; that their mother, Mary Rawlins, died in December, 1869, and her father, Isaac Gerhart in 1873 ; that John J. Rawlins died in 1878, unmarried and without issue; that plaintiff became of age in July, 1882, and defendant made his final settlement as plaintiff’s guardian- in the…

1Opinion of the CourtBarclay, J.

— The suit is to open for fraud a final settlement of defendant as guardian of plaintiff and to secure a credit for rents and profits of certain lands of plaintiff of which defendant had possession while guardian.

It appeared, among other things, at the trial, that plaintiff had previously brought an action in ejectment *567against defendant for the same lands and recovered a judgment therefor together with damages for rents and profits from the time plaintiff became of age to the date of that judgment. It was further shown that after the plaintiff’s.recovery in ejectment in 1885 he and his…

2Cited by9 opinions

  1. Owen v. OwenMissouri Court of Appeals · 1892
  2. American Brewing Co. v. St. Louis Brewing Co.Missouri Court of Appeals · 1891
  3. Bartlett v. BrownSupreme Court of Missouri · 1894
  4. Griesedieck v. GriesedieckMissouri Court of Appeals · 1894
  5. Salisbury v. GroddardOregon Supreme Court · 1916

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