Madison County v. Johnston
Supreme Court of Iowa
Appeal from MaiUson Circuit Coivrt„ Actioii at law upon a guardian’s bond. A judgment upon default was entered against tbe principal, the guardian. Upon an amended petition, charging that the surety had transferred his property without consideration, and praying that it be held subject to the payment of plaintiff’s claim, the cause was transferred to the chancery docket. A trial upon the merits was had, and the petition as to the surety was dismissed.
1Opinion of the Court
Beck, Ch. J.
i gtjakdian and ward: guardianes i-eai estate. — I. The money in the hands of the guardian, for which the surety is sought to be charged in this action, is the proceeds of real estate sold by the guardian ... _ _ upon proper proceedings and orders, as prescribed by the statute, had in the proper court. After the order for the sale, and before the lands were disposed -of thereunder, the guardian executed, with a surety, a special bond, as prescribed by statute, that he should faithfully apply and account for the money realized -from the sale of the property. The bond in suit was…
2Cases cited5 opinions
- Kelly & Co. v. Smith & ShotwellCourt of Appeals of Kentucky · 1858
- Stafford v. DavidsonIndiana Supreme Court · 1874
- Warwick v. State ex rel. GladdenIndiana Supreme Court · 1854
- Potter v. State ex rel. ThompsonIndiana Supreme Court · 1864
- State ex rel. Mount v. SteeleIndiana Supreme Court · 1863
3Cited by7 opinions
- American Indemnity Co. v. NobleTexas Commission of Appeals · 1921
- People v. HuffmanIllinois Supreme Court · 1899
- Hooks v. EvansSupreme Court of Iowa · 1885
- Bunce v. BunceSupreme Court of Iowa · 1884
- State ex rel. Martin v. HarbridgeMissouri Court of Appeals · 1890
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