Noble v. Runyan

Citations

• 85 Ill. 618

Syllabus

<p>Guardian and ward—ward's estate not liable for moneys borrowed by his guardian. Whei'e a guardian, being also agent for another and having moneys of his principal in his hands, applied to the latter for a loan of money on behalf of his ward, agreeing to execute a mortgage on the ward’s estate, and procuring an order of court for that purpose, and it appeared that no money was in fact ever paid over to the guardian, who gave a note for the sum as guardian, but failed to execute a mortgage to secure the same, and the money was never expended upon the person of the ward or upon his estate, it was held, that the creditor could not, in equity, have a lien on the real estate of the ward for the payment of the note so given by the guardian.</p>