Eureka Building & Loan Ass'n v. Shultz

The opinion of the court was delivered by

Thiele, J.:

While originally an action to foreclose a mortgage, the purpose of this appeal is to determine the personal liability of a minor on a mortgage executed by his guardian.

In his lifetime Harvey Kofoid owned certain lots in the city of Eureka which were mortgaged to a Mrs. Swegle to secure a debt of $2,525. Prior to June 14, 1922, Harvey Kofoid died intestate, leaving as his heirs his widow, Mabel M. Kofoid, and his two children, Howard E. Kofoid and Mildred M. Kofoid, and on the last-mentioned date the mother was appointed as guardian of the…