Guy v. Dü Uprey
California Supreme Court
Appeal from the Fourth District. Suit to foreclose a note and mortgage given by Elizabeth Nelson, defendant, as guardian of her infant son, Eugene N. Dii Uprey. The facts are, that in April, 1854, Elizabeth Nelson purchased a certain lot of one Douglass, receiving a deed therefor, and giving a mortgage back to secure the payment of eight hundred dollars, part of the purchase money, payable in six months, with interest at three per cent, per month.
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Appeal from the Fourth District. Suit to foreclose a note and mortgage given by Elizabeth Nelson, defendant, as guardian of her infant son, Eugene N. Dii Uprey. The facts are, that in April, 1854, Elizabeth Nelson purchased a certain lot of one Douglass, receiving a deed therefor, and giving a mortgage back to secure the payment of eight hundred dollars, part of the purchase money, payable in six months, with interest at three per cent, per month. In August following, she executed a deed of the lot to the defendant, Dii Uprey, her infant son, about four years of age. This deed, though…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
This is an action to subject the property of an infant to the payment of a debt contracted by his guardian. The suit is based upon a mortgage, which was executed by the guardian without authority, and is therefore invalid. The plaintiff claims, however, that, conceding the invalidity of the mortgage, there are certain equities in the case which entitle him to recover.
The infant derived his right to the property through a conveyance from his mother, who was subsequently appointed his guardian, and in that capacity executed the mortgage referred to. The mother acquired…
2Cases cited2 opinions
- Carr v. CaldwellCalifornia Supreme Court · 1858
- Dillon v. ByrneCalifornia Supreme Court · 1855
3Cited by9 opinions
- Stein v. SimpsonCalifornia Supreme Court · 1951
- County of Los Angeles v. WinansCalifornia Court of Appeal · 1910
- Martin v. HickenlooperUtah Supreme Court · 1936
- Morse v. HinckleyCalifornia Supreme Court · 1899
- Heiney v. LontzIndiana Supreme Court · 1897
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