Gales v. Christy

The judgment of the court (King, J. absent,) was jrronounced by

Rost, J.

This is an action against a third possessor, to enforce the tacit mortgage of minors against their mother and natural tutrix, on property alienated by her pending the tutorship. The nature of the claim can best be explained by stating the origin of the alleged debt, and the chain of title under which the City Bank, the real defendant in interest, holds the property.

Thomas Beale, sr., died in 1819, having, before his death, conveyed his property to a natural son, who died about the same time. After the death of Beale and…