Legal Opinion

Arrowsmith v. Gleason

Supreme Court of the United States

Decided January 14, 1889No. 133PublishedCited by 94 opinions

APPEAR PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP OHIO. The case was stated by the court as follows: This suit involves the title to certain lands inherited by the plaintiff, and sold some years ago by his statutory guardian, the defendant Gleason, under authority conferred by proceedings instituted by him in the Probate Court of Defiance County, in the State of Ohio.

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APPEAR PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP OHIO. The case was stated by the court as follows: This suit involves the title to certain lands inherited by the plaintiff, and sold some years ago by his statutory guardian, the defendant Gleason, under authority conferred by proceedings instituted by him in the Probate Court of Defiance County, in the State of Ohio. The plaintiff attacks the order of sale as invalid, prays that the deeds executed to the purchaser be declared void, that an accounting in respect to rents and profits be had, and that such other…

1Opinion of the Court

Mr. Justice Hablan,

after stating the case, delivered the Opinion .of the court.

One of tbe grounds of demurrer was that the plaintiff had, upon his own showing, a plain, adequate and complete remedy at law, namely, an action of ejectment for the recovery of the lands in controversy. The statutes of Ohio, in force at the time Gleason was appointed guardian, as well.as when these lands were sold by him, provides that: “Before any person shall be appointed guardian of the estate of any minor, he ... . shall give bond, with freehold sureties, payable to the State of Ohio, . . . which bond shall be…

2Cases cited5 opinions

  1. Payne v. HookSupreme Court of the United States · 1869
  2. Gaines v. FuentesSupreme Court of the United States · 1876
  3. Johnson v. WatersSupreme Court of the United States · 1884
  4. Barrow v. HuntonSupreme Court of the United States · 1879
  5. Reigal v. WoodNew York Court of Chancery · 1815

3Cited by94 opinions

  1. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  2. Simon v. Southern Railway Co.Supreme Court of the United States · 1915
  3. Marshall v. HolmesSupreme Court of the United States · 1891
  4. Robb v. VosSupreme Court of the United States · 1894
  5. National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903

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