55 Iowa 110 | Iowa | 1880
This action was commenced by the guardian who was appointed to succeed McWilliams. Pending the action an order was made removing the guardian and restoring Mrs. McWilliams her rights to control her property, she having recovered her reason. Thereupon she was substituted as plaintiff in this action. The defendant, Kalbach, in his answer set up several legal and equitable defenses.
Although numerous errors aip assigned, in our opinion the rights of the parties must be determined upon what is denominated the equitable defenses, taken in connection with the proceedings in the Circuit Court. in the matter of the guardianship, and to these we will direct our attention. They are as follows: When McWilliams was appointed guardian, it is alleged, his ward was not and never had been the owner of any real estate. The property sold by the guardian was in fact owned by him, having been purchased with his money, and the title vested in his wife. The proceedings for the appointment of a guardian after the wife became insane, and the order and proceedings for the sale of the property, were had for the purpose of enabling McWilliams to sell the property. The bond sued upon was executed in compliance with an order' of the Circuit Court, at the time the order for the sale was made. An amendment to the equitable answer alleges that in 1862 McWilliams purchased certain real estate and caused it to be conveyed to his wife, the plaintiff in this case. At this time he was largely indebted, and his object
It appears in evidence that Sarah McWilliams was adjudged to be insane on the 7th of May, 1873, and on that day her said husband was appointed guardian of her person and property. On the same day he made application by petition for the sale of her real estate, being the same which was last conveyed to her as alleged in the equitable defense. The ground of the application was that the property was rapidly depreciating in value, and the interests of said ward demanded “ that said property should be sold and the money invested in some other property, or should be loaned out and properly secured under the order of the court.” The order of sale was made in November, 1873, and in consequence of said order the said McWilliams was required to file an additional bond, and the bond in suit was filed. The property was sold in January, 1876, for $510, and the sale was approved by the court. In November, 1876, after an order of removal of McWilliams as guardian, he filed his final report, in which he claimed that there was a balance of $200 due to him from his said ward. The court refused to approve the report, and referred the same to a referee. The defendant, Kalbach, intervened in the proceeding, and on his petition the report of the
Now it appears to us from the foregoing statement of facts that no argument is required to demonstrate that the question as to the title of the real estate was adjudicated in the proceeding for the settlement of the guardian’s accounts with his ward, and that as Kalbach voluntarily made himself a party thereto he is estopped by the finding and order of the Circuit Court from questioning the order made requiring McWilliams to pay over to his successor the amount found to be in his hands. This is apparent, unless it be held that the settlement of the accounts of a guardian and the order requiring him to pay over the amount found to be in his hands is a mere idle ceremony, and not binding upon the parties thereto.
It is unnecessary to discuss in detail the errors assigned. Having determined that the question as to the title of the real estate was adjudicated in the former proceeding, and that such a settlement was made as would authorize the maintainance of this action, we have determined all there is in the case.
Aeeiemed.