Portis v. Cuummings

Decided July 1, 1858

Texas Supreme Court · decided 1858-07-01

Tried below before the Hon. C. W. Buckley. Rebecca Portis, representing herself as guardian of Samuel A. Cummings, demanded and received from P. D. McNeil, a former guardian, a sum of money due by said McNeil, and this suit was brought to recover it. Appellant pleaded coverture and limitation. Verdict and judgment for appellee. Motion for new •trial overruled.

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-01

How this case has been cited

Cited by 3 later decisions — most recently April 1935

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wheeler, J.

¶1It is immaterial, for the purposes of the present suit, whether Mrs. Portis was the rightful guardian of the plaintiff or not. If not, having sued for and recovered the plaintiff's money in that character, she cannot, by disclaiming the relation of guardian, retain it; and thus take advantage of her own wrong. If a rightful guardian, now that the plaintiff is of age, her authority as guardian must cease, and she must account to her ward for his money in her hands. There manifestly is no error in the judgment, and it is affirmed

¶2Judgment affirmed.