State ex rel. Luck v. Atkins
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court in Chancery. M. T. Sanders, Judge. Action in name of the State, on the relation of T. B. Luck, guardian, and the four minor heirs of W. M. Walkup, deceased, against J. H. Atkins and others, as sureties on decedent’s bond as guardian for such minors, to recover an indebtedness due by decedent as guardian to such minors, as determined by the judgment of the probate court.
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APPEAL from Monroe Circuit Court in Chancery. M. T. Sanders, Judge. Action in name of the State, on the relation of T. B. Luck, guardian, and the four minor heirs of W. M. Walkup, deceased, against J. H. Atkins and others, as sureties on decedent’s bond as guardian for such minors, to recover an indebtedness due by decedent as guardian to such minors, as determined by the judgment of the probate court. Defendants’ answer and cross-complaint alleged that decedent had left a homestead to the minors in value exceeding the amount of his indebtedness to them as guardian, and asked that the cause…
1Opinion of the CourtCockrill, C. J.
I# Guardian’s, rights. The controlling question in this caséis settled by the judgment in Gilbert v. Neely, 35 Ark., 24. See, too, Harris on Subrogation, secs. 281 et seq.; Sheldon on Subrogation, sec. 89; Rice v. Rice, 108 Ill., 199. In that case the sureties in a deceased guardian’s bond, who were forced to make good the default of their principal, were held to be subrogated to the ward’s right to subject the homestead of the guardian to sale for the payment of the debt contracted in his fiduciary capacity, as against the widow of the deceased guardian. The heirs being necessary parties,…
2Cases cited1 opinion
- Rice v. RiceIllinois Supreme Court · 1883
3Cited by9 opinions
- Burrus v. CookSupreme Court of Missouri · 1908
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- Barton v. MatthewsSupreme Court of Arkansas · 1919
- Fidelity Deposit Co. of Md. v. CowanSupreme Court of Arkansas · 1931
- Johnson County v. BostSupreme Court of Arkansas · 1919
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