Hare v. Shaw
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; STATEMENT BY THE COURT. A A. McDonald, as guardian of the person and estate of Ella Hare, a person of unsound mind, instituted in the circuit court of Sebastian County on behalf of his said ward an action against Tillman Shaw to recover possession of certain • tracts or lots of real estate situated in the city of Ft. Smith alleged to be the property of said ward and wrongfully in the possession of said defendant.
Read the full summary
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; STATEMENT BY THE COURT. A A. McDonald, as guardian of the person and estate of Ella Hare, a person of unsound mind, instituted in the circuit court of Sebastian County on behalf of his said ward an action against Tillman Shaw to recover possession of certain • tracts or lots of real estate situated in the city of Ft. Smith alleged to be the property of said ward and wrongfully in the possession of said defendant. He also instituted five similar actions against certain other persons to recover from them other tracts or lots of real…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The questions presented are whether, in an action instituted by the guardian of a person of. unsound mind in the name and for the benefit of his ward, such ward can appear by next friend and challenge the legality of his appointment as guardian and letters of guardianship where they are prima facie regular; and, next, whether the guardian’s appointment and letters in this case are legally sufficient to withstand a collateral attack upon them.
The first question can be readily answered in the negative. Probate courts are, under the Constitution and laws…
2Cases cited7 opinions
- Apel v. KelseySupreme Court of Arkansas · 1889
- Alexander v. HardinSupreme Court of Arkansas · 1891
- Jackson v. GormanSupreme Court of Arkansas · 1902
- Montgomery v. JohnsonSupreme Court of Arkansas · 1876
- Adams v. ThomasSupreme Court of Arkansas · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Beckett v. WhittingtonSupreme Court of Arkansas · 1909
- Swindle v. RogersSupreme Court of Arkansas · 1934
- Rice v. Metropolitan Life InsuranceSupreme Court of Arkansas · 1922
- Anthony v. SillsSupreme Court of Arkansas · 1914
- Jacobs v. BentleySupreme Court of Arkansas · 1908
5 more not listed; retrieve them via the Exa API.