Muller v. Benner

This was an action of ejectment, brought by the guardian, in his own name, to recover the possession of the lands of his wards. It is averred in the declaration, the fee of the lands is in the wards, and that appellee, as guardian, is entitled ty possession. A trial was had upon the plea of not guilty. The court found the defendant guilty, the fee of the land in the wards, as alleged, the guardian entitled to possession, and rendered judgment accordingly.

The single question presented is, whether a guardian, under our laws, can maintain ejectment in his own name to recover possession of his…