Kirsch v. Green

ANDERSON, Chief Justice.

It may be conceded that the guardian had the right to dispose of the note and mortgage. Echols v. Speake, 185 Ala. 149, 64 So. 306, Ann.Cas.1916C, 332. But we think the assignment of the note and mortgage in question, that is, assigning it by the guardian to her husband to be used and applied as a credit on the mortgage from the husband to the complainant, Kirsch, was a flagrant devastavit.

Whether the note, which on its face is payable to Mrs. Sparks as “guardian” and wáh assigned by her as “guardian,” was notice to the purchaser, Kirsch, of a probable limited or…