Citations
- 103 Tex. 557
Full opinion text
Mr. Justice Williams
delivered the opinion of the court.
The Court of Civil Appeals for the First District certifies the following statement and question:
“This is a suit instituted by appellee in the County Court against Frank H. Wells, former guardian of Lillian Keuhns, now appellee Lillian Buhrer, and the United States Fidelity & Guaranty Co., surety on his bond as guardian. The essential character of the proceeding can best be shown by the petition (or Bill of Review), which is as follows:
“‘Lillian Buhrer and A. C. Buhrer vs. . ■ In the County Court of Frank Wells and United States Harris County, Texas. Fidelity & Guaranty Co. of Baltimore. J
“ ‘How comes Lillian Buhrer of Dallas, Texas, joined herein pro forma by her husband, A. C. Buhrer, also of Dallas, Texas, plaintiffs in the above numbered and entitled cause, and complains of' Frank H. Wells, of Harris County, Texas, and the United States Fidelity and Guaranty Co. of Baltimore, organized under and by virtue of the laws of Maryland, having an office and doing business in Harris County, Texas, of which E. R. Lewis is local agent and manager, defendants herein, and for cause of action allege:
“ el. That heretofore, to wit, on the 10th day of September, 1902, Frank H. Wells, defendant herein, was by this Honorable Court appointed guardian of the estate of said plaintiff Lillian Buhrer, formerly Lillian Kuhns, said Lillian Buhrer at that time being a minor, and the defendant United States Fidelity and Guaranty Co. became surety on the bond of the said guardian for the faithful performance of his duties as such guardian.
2. That the said guardian failed to account for and file an inventory of all the property belonging to the estate of said minor in this, to wit: the said Lillian Buhrer was entitled as heir of her mother, Josephine Kuhns, to one-fourth' (%.) interest in about twenty (20) head of cattle of the value of $300, one-fourth interest (%.) in household furniture including a piano, all of the value of $400, and one-fourth (1/4) interest in the rents of a house on Lot, 5, Block 37, U. S. B. B. in the city of Houston from Jan. 1, 1899, to Jan. 8, 1904, the rental value of said house being $15 per month, for none of which did the said guardian account.
“ ‘3. That said guardian negligently and fraudulently sold a horse in which the said minor had one-fourth interest for the sum of $60, when the said horse was at that time of the reasonable market value of $150, and the said guardian accounted for only one-fourth of $60.
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