Butler v. Her Creditors

Zebriska, a mortgage creditor, opposed the homologation of the tableau—because Arient, a minor, the ward of the insolvent, was placed therein as a mortgage creditor. The application being overruled, the plaintiff appealed.

His counsel urges that the insolvent was not legally appointed tutrix to the minor, and therefore, the sale she made of his property is void—the property remains his, and he has his recourse against the holder of it, and cannot be considered a creditor of the insolvent for the price.

*625Eastern Dis'ct April, 1827.

The record shews the insolvent is grandmother of the minor, and,…