Laffranchini v. Clark
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Action, by A. P. Laffranchini against Emily Clark, as guardian of Mary Berryman James, and another. Judgment for defendants, and plaintiff appeals. The guardian had the right," for the best interest of the ward, ” to mortgage the property.
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Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Action, by A. P. Laffranchini against Emily Clark, as guardian of Mary Berryman James, and another. Judgment for defendants, and plaintiff appeals. The guardian had the right," for the best interest of the ward, ” to mortgage the property. The powers indirectly granted by the statute were necessary in the correct management of the ward’s estate, included the power to mortgage the ward’s property to preserve it, and the amendment of 1911 resulted only in expressly stating the inherent powers of the court…
1Opinion of the Court
By the Court,
Coleman, J.:
This is an action to foreclose a mortgage. From a judgment for costs in favor of the defendants, following an order sustaining a demurrer to plaintiff’s complaint, an appeal is taken to this court.
The complaint alleges that in May, 1907, William James executed his certain promissory note to one John Schmitt in the sum of $4,000, bearing interest at 8 per cent per annum, payable May 27,1908, to secure which he executed to Schmitt a mortgage upon lot 4, block C, of Reno; that on January 10, 1908, said James conveyed, subject to said mortgage, the lot mentioned to his…
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