Howard v. Bryan

Citations

• 6 Cal. Unrep. 547
• 62 P. 459
• 1900 Cal. LEXIS 1111

Syllabus

<p>Guardian and Ward.—-Where a Petition to Mortgage Property of minor heirs to raise a certain sum of money sets forth the items for which the money is wanted, such petition is not void on its face, though part of the items only are charges against the estate; hence a collateral attack on. the validity of the petition on such ground, in a suit to foreclose the mortgage, is unavailing.</p> <p>Guardian and Ward—Mortgage.—Where an Order of Court Authorizing a guardian to mortgage the property of minor heirs is susceptible of two constructions, one of which makes the interest of -each minor liable only for his share of the entire debt, and- the other makes the share of each liable for the whole debt, and the court can reasonably construe it to bind the interest of each for his share only, such construction will be given, and the order will be held valid.</p> <p>Guardian and Ward—Mortgage—Collateral Attack.—Under Code of Civil Procedure, section 1578, as amended, declaring that a mere error or irregularity in mortgaging the property of minor heirs under order of court shall not invalidate the mortgage where the mortgage is attacked in a collateral proceeding, a mortgage given without delivery of a note to the mortgagee is valid, as failure to give a note is a mere irregularity.</p>