Thies v. Garbe
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Hon. H, S, Kelley, Judge, (1) The fact that Henry Thies, Sr., was the guardian and sold real estate of appellant worth fifteen hundred dollars in Wisconsin, and that he neither made an annual or final settlement nor accounted to plaintiff for any part of his estate, is proven beyond doubt. (2) Th e probate court had jurisdiction. (3) The cláim of appellant was not barred by the statute of limitations.
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Appeal from Andrew Circuit Court. — Hon. H, S, Kelley, Judge, (1) The fact that Henry Thies, Sr., was the guardian and sold real estate of appellant worth fifteen hundred dollars in Wisconsin, and that he neither made an annual or final settlement nor accounted to plaintiff for any part of his estate, is proven beyond doubt. (2) Th e probate court had jurisdiction. (3) The cláim of appellant was not barred by the statute of limitations. No time will protect a fraud so long as it is concealed. Perry on Trusts, sec. 861; Pilcher v. Elinn, 30 Ind. 201; Carr Hilton, 1 Curtis (C. C. R.) 390. So…
1Opinion of the Court
R/yy, J.
This case was commenced in the probate ■court of Andrew county on December 15, 1879, upon the following statement of account:
i: Henry Thies, Jr., states that he was possessed in his own right of real estate in Grant county, state of ■ Wisconsin, when an infant three years of age. That Henry 'Thies, Sr., deceased,- was, upon his own petition to the probate court of Grant county, state of Wisconsin, appointed guardian for the appellant and for the estate of the appellant, and that he accepted said guardianship .and trust, and was duly qualified and entered upon the duties of the said…
2Cases cited7 opinions
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Harrison v. BartlettSupreme Court of Missouri · 1872
- Wright v. SalisburySupreme Court of Missouri · 1870
- Douglas v. OrrSupreme Court of Missouri · 1875
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- Garrison v. LyleMissouri Court of Appeals · 1889
- Hill v. KingslandSupreme Court of Missouri · 1895
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