Succession of Cosner

A family meeting having recommended that the mortgage of the relator’s minor children upon his property be made secondary in rank to another mortgage to be given by him for a debt to be contracted by him in borrowing money to pay off mortgages priming that of the minors upon the same property, and to defray the expenses of the minors, and to improve the property, the district judge refused to homologate the proceedings, holding that the law did not sanction the subordinating of a minor’s mortgage in this manner, and that he was therefore without discretion in the matter.

Mandamus will not lie…