First National Bank v. Bangs

Citations

• 91 Kan. 54
• 136 P. 915
• 1913 Kan. LEXIS 334

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Guardian — Authority to Borrow Money — May Give “Blanket” Mortgage. Where the same’guardian represents several minor • wards who are tenants in common of real estate, circumstances may exist which will justify the probate court in authorizing him to borrow money for their common benefit and secure it by a -PAortgage upon the entire tract.</p> <p>2. - Foreclosure, In an action to foreclose such a mortgage the question whether circumstances actually existed which justified its execution in that form is not open to inquiry.</p> <p>3. -Authority iq Borrow Money — To Purchase Personal Property. Circumstances may exist which justify the probate court in authorizing a guardian to borrow money by • mortgage on the ■ real estate of his ward, for use in the purchase of personal property to be used in connection therewith, in order to make it productive, and in an action to foreclose such a mortgage the question whether such circumstances ■ existed is not open to inquiry.</p> <p>4. - Payment on Note by Guardian — Tolls Statute of Limy itations. A payment properly made by' a guardian from the funds of his ward upon a mortgage executed by himself -on order of the probate court will suspend the running - of the statute of limitations. Such a payment will be deemed to have been properly made where the guardian’s report showing such expenditure has been approved fey the court. That such report has been made and approved will be presumed from the fact that the wards have been of age for some time and nothing appears to the contrary beyond a finding in general terms that the probate court did not authorize the payments.</p> <p>5. --Authority to Mortgage —• New Guardian — May Execute Order. Where an order of the probate court has been made authorizing a guardian to execute a mortgage on his ward’s real property, and a change of guardians is effected before such order is carried out, the new guardian may act upon the authority given his predecessor.<