Peaslee-Gaulbert Co. v. Turner

Henry S. Turner acquired during his marriage certain real estate and executed his notes for the purchase price secured by vendors lien and mortgage. Mrs. Turner died and in due course Turner qualified as natural tutor causing the usual inscription to be placed in the Mortgage Office, resulting in the legal mortgage in favor of his minor children. He filed an account and fixed the share of his wards which was homologated by the court.

Turner’s vendor foreclosed upon the property which was sold and the whole price paid to the Sheriff. After satisfying the claim, of the mortgage creditor there…