Mitchell v. United States Fidelity & Guaranty Co.

The alleged facts proffered for a basis for this action were that in the year. 1927. the county court of .Osage county, in a guardianship cause there pending, ordered the guardian, Leahy, since deceased, to pay plaintiff, out of assets of the estate of his ward, the amount due on a promissory note executed by the ward prior to his adjudicated incompeteney and assigned by payee to plaintiff, Mitchell, shortly subsequent to a similar order of the same county court made and entered in the year 1924, which directed the then guardian to pay said note. It was alleged that the guardian, Leahy, paid…