Muller v. DeVries
Supreme Court of Iowa
Appeal from Butler District Gourt. — C. II. Kelley, Judge. Plaintiffs filed their petition alleging that defendant was of unsound mind, and incompetent to manage his property, and asked that a guardian be appointed. Trial to a jury. Verdict for defendant. Judgment against plaintiffs for costs, and the court adjudged that defendant’s property be restored to him. The plaintiffs appeal. —
1Opinion of the CourtPreston, J.
— 1. The plaintiffs are all but two or three of defendant’s children. Appellee Harm originally joined with the others in asking the appointment of a guardian, but later withdrew. The petition was filed March 1, 1921, and on March 3d, defendant’s son-in-law, George Tiedens, was appointed temporary guardian, without notice on the defendant. We have recently held that this may not be done. McKinstry v. Dewey, 192 Iowa 753. The temporary guardian took possession of the property of defendant.
Defendant was, at the time of the trial; about 83 years of age; German; raised a family of five daughters…
2Cases cited8 opinions
- State v. MaddenSupreme Court of Iowa · 1914
- State v. WilsonSupreme Court of Iowa · 1913
- Emerick v. EmerickSupreme Court of Iowa · 1891
- McKinstry v. DeweySupreme Court of Iowa · 1921
- Alvord v. AlvordSupreme Court of Iowa · 1899
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3Cited by5 opinions
- Olson v. OlsonSupreme Court of Iowa · 1951
- State v. SierenSupreme Court of Iowa · 1961
- Zander v. CahowSupreme Court of Iowa · 1925
- Claussen v. ClaussenSupreme Court of Iowa · 1933
- In Re Guardianship of HawkSupreme Court of Iowa · 1939