Lyon v. . Lyon
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department reversing an order of Special Term which discharged Horatio 3L Wilcox, a purchaser under a decree of foreclosure and sale herein, from his purchase, and from liability thereon, because of defect of title; and directing said purchaser to complete his purchase.
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Appeal from order of the General Term of the Supreme Court in the second judicial department reversing an order of Special Term which discharged Horatio 3L Wilcox, a purchaser under a decree of foreclosure and sale herein, from his purchase, and from liability thereon, because of defect of title; and directing said purchaser to complete his purchase. In January, 1869, the plaintiff herein, whp was the guardian of Matilda Lotten, an infant, had in his hands, as said guardian, $4,000 belonging to his ward. He made and executed, individually, to himself, as guardian, a bond conditioned to pay…
1Opinion of the CourtMilleb, J.
Hpon this appeal it is not material to consider the question whether the mortgage executed by the plaintiff to himself, as guardian, was a valid security for money belonging to the infant’s estate. It is sufficient that as between the guardian and the infant a court of equity would regard it as a valid security against the guardian and give full effect to it for the purpose of protecting the interest of the ward. The plaintiff clearly could not object in an action which he had instituted, and the original defendants not having interposed any objection in the foreclosure suit, are estopped…
2Cited by8 opinions
- Wayt v. CarwithenWest Virginia Supreme Court · 1883
- Walter v. De GraafThe Superior Court of New York City · 1887
- Mandelino v. LevyNew York Supreme Court · 1966
- Burtis v. BurtisNew York Supreme Court · 1891
- Talifer Co. v. FalkNew York Supreme Court · 1918
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