Smith v. Dibrell

Citations

• 31 Tex. 239

Syllabus

<p>Where the administrator of an estate sold land (at administrator’s sale) and took a note, with personal securities and a mortgage on the land, to secure the payment, as required by the statute, (Paschal’s Dig. Art. 1333, Note 499,) and the note was turned over to the heir as part of his inheritance, the guardian had no right to release the mortgage, cancel the note, and to take new and inferior security.</p> <p>It is the duty of guardians to collect the debts due their wards and to recover the property to which they have claim or title, and to account to them for all rents, profits, and revenues; to lend money on mortgage under the approval of the county court, &c. (Paschal’s Dig., Art. 3906.)</p> <p>In equity the dealing of guardians with the estates of their wards is vigilantly watched; and while contracts and arrangements made by them for the interest of the ward, without the sanction of law, will be approved, yet, if such arrangement be to the detriment of the ward, the court will ,set it aside,, or the ward may disregard it when he attains his majority.</p> <p>Where the mortgage had been released, and a new security taken which could not be enforced, the court reversed the judgment and ordered the petition to be amended so as to foreclose the original mortgage.</p>