Tyson v. Latrobe
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. On the 2nd of October, 1852, William Key Howard mortgaged a lot of ground on Lombard Street, in the City of Baltimore, to George Carey, as trustee under the will of Nathan P. Tyson, for the children of Alexander H. Tyson, and to Mrs. Rebecca A. Tyson, the mother and guardian of said children, they being infants. The mortgage was to secure the payment of 84500.00 to said trustee, and $4000.00 to said guardian.
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Appeal from the Circuit Court of Baltimore City. On the 2nd of October, 1852, William Key Howard mortgaged a lot of ground on Lombard Street, in the City of Baltimore, to George Carey, as trustee under the will of Nathan P. Tyson, for the children of Alexander H. Tyson, and to Mrs. Rebecca A. Tyson, the mother and guardian of said children, they being infants. The mortgage was to secure the payment of 84500.00 to said trustee, and $4000.00 to said guardian. On the same day Mrs. Rebecca A. Tyson was substituted as trustee, in the place of George Carey. On the 30th of June, 1853, Howard created…
1Opinion of the CourtStewart, J.
It appears, by the proceedings in this cause, that the complainants rightfully held the mortgage executed by Wm. Key Howard, on the Lombard street property, for the sum of 08,500 — 04,000 of that amount having been derived from the will of N. P. Tyson, as legacies, in the hands of Rebecca A. Tyson, as their guardian — the remainder, 04,500, being held by her, as the substituted trustee, in pursuance of the provisions of the said will.
Mrs. Tyson, in her capacity as guardian, had no authority, by law, to execute the mortgage to the appellee, upon the property of the complainants, as her wards.…
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