Wood v. Truax

Campbell, C. J".

Wood filed his bill to foreclose a mortgage made by Lucinda C. Truax as guardian of the other defendants, setting forth also a bond made for the same purpose. Having exhausted the land, he procured a decree for the deficiency against all of the defendants personally. Defendant Irene Hibbard appeals from this personal decree.

There is nothing in the bill to maintain such a decree. There is neither statute nor common law which can sustain the personal liability of an infant on a bond made by her guardian. The illegality of the mortgage in this case having been declared as to her…