Walker v. Walker
Massachusetts Supreme Judicial Court
Bill in equity to set aside a conveyance of real estate made by the defendant, as guardian of the minor children of George A. Walker. The case was heard before Wells, J., who reported it substantially as follows : George A. Walker died seised of the real estate in question, and the defendant, his widow, was appointed in March 1854 guardian of his three children, of whom the plaintiff was the eldest, and all of whom were at that time minors.
Read the full summary
Bill in equity to set aside a conveyance of real estate made by the defendant, as guardian of the minor children of George A. Walker. The case was heard before Wells, J., who reported it substantially as follows : George A. Walker died seised of the real estate in question, and the defendant, his widow, was appointed in March 1854 guardian of his three children, of whom the plaintiff was the eldest, and all of whom were at that time minors. No inventory was ever returned by her, and no account of guardianship ever rendered. In April 1861, the defendant, as guardian, obtained a license from…
1Opinion of the CourtAmes, J.
There can no doubt that the sale made by the defendant was one by which the wards were not bound. In their *172favor and at their election it was voidable; but being voidable only, and not void, it so far took effect that an estate passed to the grantee by the conveyance, subject to be defeated by such of the wards as should see fit to exercise the right to disaffirm the conveyance. The mortgagee, being a bond fide purchaser without notice of any defect in his security, holds by a good title to the extent of the mortgage, even as against the wards. Robbins v. Bates, 4 Cush. 104. But, subject to…
2Cases cited2 opinions
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- Stinson v. SumnerMassachusetts Supreme Judicial Court · 1812
3Cited by10 opinions
- Matthews v. ThompsonMassachusetts Supreme Judicial Court · 1904
- Comstock v. BowlesMassachusetts Supreme Judicial Court · 1936
- Sunter v. SunterMassachusetts Supreme Judicial Court · 1906
- Dolbeare v. BowserMassachusetts Supreme Judicial Court · 1925
- Witherington v. NickersonMassachusetts Supreme Judicial Court · 1926
5 more not listed; retrieve them via the Exa API.