State ex rel. Jaseph v. Mitchell

• Citation: 32 N.E. 86,132 Ind. 461
• Decision Date: 14 October 1892
• Docket Number: 15,865
• Parties: The State, ex rel. Jaseph, Guartian, v. Mitchell et al
• Court: Indiana Supreme Court

32 N.E. 86

132 Ind. 461

The State, ex rel. Jaseph, Guartian, v. Mitchell et al

No. 15,865

Supreme Court of Indiana

October 14, 1892

From the Vigo Circuit Court.

Judgment reversed, with instructions to sustain the demurrers to the answer of the appellees.

I. N Pierce, for appellant.

G. W Faris and S. R. Hamill, for appellees.

OPINION

Olds, J.

John H Lanan was by the Vigo Circuit Court, on the 23d day of April, 1882, duly appointed guardian of Lizzie, Maggie, Arthur and Ira C. Lanan, minor heirs of one Jessie Lanan, deceased, and duly executed his bond as such guardian in the sum of $ 3,300, with the appellees, Isaac A. Mitchell and Wilson Naylor as sureties. The minor children were the owners of certain real estate in the State of Pennsylvania which descended to them from their grandfather, and in November, 1882, George Foliat, guardian of said minors, appointed by the orphan's court of Allegheny county, Pennsylvania, sold said real estate for the sum of $ 1,633.33, and for reasons satisfactory to the court the Vigo Circuit Court ordered the giving of another bond by said John H. Lanan as guardian before the receipt of said money from the sale of said real estate. The guardian acquiesced in said order, and executed a new bond in the sum of $ 3,400, with said appellees, Isaac A. Mitchell and Wilson Naylor, and the appellee, Louis Bressett, as sureties. The bond recites the facts relating to the ownership and sale of the land in Pennsylvania, and that said George Foliat, guardian, was about to ask said orphan's court to make an order for the payment of the amount in his hands arising from the sale of said real estate to said John H. Lanan, and the condition of the bond is as follows: "Now, the condition of this obligation is such that if the said John H. Lanan, guardian aforesaid, shall, upon his receipt of the proceeds of said sale, faithfully appropriate the same according to law, then the foregoing obligation to be void, otherwise to be and remain in full force."

The guardian, John H. Lanan, drew the money due the wards from the sale of the land in Pennsylvania, and accounted to some of the wards when they became 21 years of age for their share, and converted the portions due the other wards and left the State. The court removed him as guardian and appointed the appellant, Max Jaseph, guardian of the wards whose money had been appropriated by Lanan, and the appellant brought this suit on the second bond for the amount due the wards and received by Lanan from the sale of the land and interest. The appellee Bressett answered, setting up the facts in regard to the appointment of Lanan as guardian, the giving of the bonds, admitting the receipt...