Zachary v. Gregory

On a proceeding in partition between the heirs of John Mm’chison, deceased, certain lands which had belonged to deceased and descended to his children were sold. The plaintiff in error became the purchaser. The defendant in error, Gregory, had been appointed guardian of the property *456of the heirs of John Hurchison, deceased, and Zachary executed to him a promissory note, to secure the purchase money, in the sum of $5360 30, payable on the first day of January, 1860. The note was not paid at maturity, and Gregory brought suit upon it in his fiduciary capacity, asking the court to enforce the…