Shattuck v. Wolf

The opinion of the court was delivered by

Burch, J.:

In 1882 S. W. Shattuck was appointed guardian of certain minor children. In 1885 he loaned the money of his wards, and took, to secure it, a note and mortgage running to “S. W. Shattuck, guardian.” In 1893 he brought suit to recover the amount of the *367note and to foreclose the mortgage. The petition was entitled “S. W. Shattuck, guardian, plaintiff,” and was signed in the same manner.

In 1894 the guardian filed in the probate court his final account in the guardianship proceedings, in which he took credit as guardian for the money loaned, and…