Padfield v. Pierce

Citations

• 72 Ill. 500

Syllabus

<p>1. Guardian and ward—where gua/t'dian receives land in payment due the ward, rights of the latter. Where a guardian recovers a judgment as such, and takes a conveyance of land to himself, in satisfaction thereof, his ward may, on attaining his majority, take the land or charge his guardian with the amount of the judgment and accruing interest, at his election, and if, within a reasonable time after coming of age, he elects to take the land, a court of equity will enforce a conveyance of the legal title to him.</p> <p>S. Same—when ward estopped to claim land conveyed in satisfaction of judgment. Where a guardian, who had taken a conveyance of land to himself, in satisfaction of a judgment in his favor as guardian, and, upon his ward arriving of age, settled with him, and charged himself, in such settlement, with the amount of the judgment, and the ward was, at the time of such settlement, apprised of his rights in the land, and made no attempt to enforce his claim, but accepted the balance found to be due him upon such settlement, and never made any claim to the land for seventeen years after-wards, it was held, that the ward was estopped from asserting his claim to the land, both because of his election to take the proceeds of the judgment with full knowledge of his rights, and of his gross laches in making his claim.</p>