Roodhouse v. Roodhouse

Citations

• 132 Ill. 360
• 24 N.E. 55

Syllabus

<p>1. Guardian and ward—whether guardian may act for his ward-in partition—where the guardian and ward are tenants in common. A guardian whose interest is hostile to that of his ward, is incompetent to act for his ward in respect to that interest.</p> <p>2. Where a guardian and his ward are tenants in common of land, it. •will be error to decree a partition between them in a suit brought in the names of the guardian and the infant by such guardian, their interests being hostile. In such a case the ward should be made a defendant and have a guardian ad litem, or he should present his petition by his-next friend or guardian ad litem.</p> <p>3. The statute, which provides that an infant may petition, by his-guardian or next friend, for the partition of land, means when such guardian or next friend is competent to act in the case. Where the interest of the guardian is hostile to that of his ward, the latter must be-represented by counsel distinct from those representing his guardian.</p>