Legal Opinion

Wade v. Carpenter

Supreme Court of Iowa

Decided July 1, 1856PublishedCited by 8 opinions

Appeal from the Des Moines District Court. This was a bill in Chancery, filed by Wade, a minor, by his guardian, to set aside and hold for naught, a sale of a certain parcel of land, sold by Levi Hagar, claiming to be guardian, and therefore properly authorized.

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Appeal from the Des Moines District Court. This was a bill in Chancery, filed by Wade, a minor, by his guardian, to set aside and hold for naught, a sale of a certain parcel of land, sold by Levi Hagar, claiming to be guardian, and therefore properly authorized. The bill alleges, that the premises were not derived from either parent of the complainant; that one Nancy Yates, (formerly Nancy Wade,) as mother and guardian of complainant, without having been appointed guardian of his property, and without having given bond, and without taking any oath, and without being guardian in fact — as…

1Opinion of the Court

"Woodward, J.

The complainant makes several questions in his argument, which are not suggested by any statements or charges in the bill. We will follow the complainant’s case, as presented in his petition. The first question arises on the averment that Nancy Wade (Yates) was not guardian of the property of the minor; and it is further alleged, that she was not guardian even of the person. It appears by the record, that she was appointed in September, 1848, whilst she was the widow of William Wade. She afterward intermarried with Yates. In February, 1852, she filed her petition for license to…

2Cases cited1 opinion

  1. Cooper v. SunderlandSupreme Court of Iowa · 1856

3Cited by8 opinions

  1. Pursley v. HayesSupreme Court of Iowa · 1867
  2. Shawhan v. LofferSupreme Court of Iowa · 1868
  3. Walker v. GoldsmithOregon Supreme Court · 1886
  4. Bacon v. ChaseSupreme Court of Iowa · 1891
  5. Dohms v. MannSupreme Court of Iowa · 1888

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