McBride v. Bell

Citations

• 25 Ohio C.C. Dec. 403
• 22 Ohio C.C. (n.s.) 596

Syllabus

<p>GUARDIAN AND WARD — PRINCIPAL AND SURETY.</p> <p>Sureties on Bond of Guardian Entitled to Institute Action to Set Aside-. Sale of Real Estate of Ward Made without Order of Appraisement.</p> <p>An action lies to set aside a sale of real estate, made by a guardian without an order of appraisement, as prescribed by SetL6283 R. S. (Sec. 10948 G. C.), and without any appraisement in fact made, and such action is available to sureties on the? guardian’s bond without waiting indefinitely for a -final account to be filed, especially since the ward fails or refuses to> institute such proceeding and apparently conspires with the-guardian and purchaser to extort from the sureties funds misappropriated hy such guardian.</p> <p>[Syllabus approved by the court.]</p>