Legal Opinion

Emerick v. Emerick

Supreme Court of Iowa

Decided October 13, 1891PublishedCited by 20 opinions

Appeal from Mills District Court. — Hon. G-eorge Carson, Judge. The plaintiff seeks to have appointed a guardian of the estate of the defendant on the alleged ground that he is of unsound mind, and is not possessed of the judgment necessary for the management of his estate. The cause was tried to a jury, which found that the defendant was of unsound mind. A judgment was rendered on the verdict, and the defendant appeals.

1Opinion of the CourtRobinson, J.

This proceeding was instituted under section 2272 of the Code. The petition alleges that the defendant owns and has the management of •an estate of five hundred and fifty-seven acres of land, situated in Mills county, of the value of about twenty thousand dollars; that he is old and infirm, and of unsound mind, and is not possessed of the judgment necessarily required for the management of his estate; that he has become possessed of the delusion that he can make large sums of money in the real-estate business in Nebraska, and for the purpose of -engaging in such business he has contracted to…

2Cases cited2 opinions

  1. Somers v. PumphreyIndiana Supreme Court · 1865
  2. Seerley v. SaterSupreme Court of Iowa · 1886

3Cited by20 opinions

  1. Olson v. OlsonSupreme Court of Iowa · 1951
  2. Garretson v. HubbardSupreme Court of Iowa · 1899
  3. Miller v. MillerSupreme Court of Iowa · 1946
  4. Fish v. DeaverSupreme Court of Oklahoma · 1918
  5. Morse v. SlocumSupreme Court of Iowa · 1922

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