73 Iowa 286 | Iowa | 1887
The fact appears to be that Mrs. Edmonds was in destitute circumstances, and was unable to support her children without resorting to their funds. It seems clear that the circumstances were such that she would have been entitled to an order authorizing her to use the funds of her wards for their support, and, though she proceeded to use the funds without such order, it may be that the court at the time, the final report was acted upon would, if application had been made, have- sanctioned the use theretofore made, and given her a credit therefor in her account. But such application was not made, and the order of payment followed as a matter of course. The defendants insist that Mrs. Edmonds, in failing to apply for the allowance and credit which she might have had, was guilty of a fraud upon them as her sureties. "We have to confess that it appears to be a hardship upon these sureties to suffer the loss in question under the circumstances of the case, and we should not be unwilling to see them relieved, if relief could be granted them consistently with the rules of law. But it is not denied that the order in question has the force of an adjudication, and that, under the well-established rules of law, the sureties are bound by it, unless they show that it was procured by fraud. This they claim that they have done, but it appears to us that the evi
Reversed.