Winter v. Tounoir

This is a suit to enforce a minor’s rights of mortgage upon property in the hands of a third person.

John C. Clark, the father of plaintiff, died in 1853, leaving a widow, her mother, two minor children, and a considerable estate, all comma*612nity property. One of the children died soon after, and on twenty-eighth March, 1855, judgment was rendered and signed, adjudicating all the property to the widow at the appraised value, which judgment was recorded on twenty-second June, 1868.

On first February, 1859, the widow sold the land to one Mrs. Stirling, who assumed to pay the amount due the minor at…