
    MARGARET JOHNSON, by her next friend, plaintiff in error, v. JOHN JANES et al., defendants in error.
    (Atlanta,
    January Term, 1871.)
    GUARDIAN AND WARD—PARTIES TO ACTION.—Where a bill is filed by a ward, through her prochein ami, against her guardian, and it appears from the facts of the bill that the matter of complaint is against the guardian for disposing of her property unlawfully:
    ■ Held, That a Court of Equity has jurisdiction of the subject-matter, and such wax'd may institute suit against her guardian by her next friend for the ^assertion and vindication of her rights in the premises.
    Parties to Actions. Before Judge Harrell. Terrell" Superior Court. May Term, 1870.
    The bill of Margaret Johnson, by her next friend, against Janes and Ware, made this case: Her father died, leaving to her a considerable estate. Janes was qualified as her guardian. At the administrator’s sale, one Johnson bid off lot number one hundred and ninety-three, in said county, and Janes stood or agreed to stand his security for the purchase-money. In 1862 or 1863, Johnson agreed to turn over his bid to Janes; Janes agreed that the administrator should make him, as guardian of Margaret, a title to said land, and ^accept from Janes, as payment therefor, Janes’ receipt, as guardian for the amount due on Johnson’s note, which was to be cancelled. All this was done except that the administrator conveyed the land to Janes, individually. Afterwards, Janes conveyed said land to his father-in-law, Ware, who, at the time, knew all the foregoing. Ware has ever since held the land as his own, and refuses to give it up to her. With suitable averments as to the value and rents, she prayed that the said conveyances be set aside, that Ware be decreed to convey said land to Janes, as guardian for her, and pay the rents reasonably due.
    Upon a demurrer, upon the ground that Janes was her guardian, as shown by the bill, and that he alone could sue for her property, the Court dismissed the bill. That is assigned as error.
    Vason & Davis, R. H. Clark, for plaintiff in error.
    C. B. Wooten, A. Hood, for defendant.
    
      
      GUARCDIAN AND WARD—(PARTIES TO ACTION.—An infant ■may maintain a bill in equity, by next friend, against her guardian for a misappropriation of her funds. Poullain v. Poullain, 76 Ga. 422.
    
   COCHRANE, C. J.

The record in this case presents but a single point for adjudication. Janes, the defendant, is the guardian of Margaret Johnson, and was such at the time of the institution of the suit. The Court dismissed the bill filed by her next friend against him, in which she avers sufficient equity to otherwise sustain her case, upon the sole ground that, having a guardian, she could not bring suit by prochein ami against her guardian.

We will not go into the merits of the case, but will dispose of the question made, by holding that the Judge committed error.

Judgment reversed.  