Villalonga v. Hicks

Citations

• 13 S.C. 163
• 1880 S.C. LEXIS 34

Syllabus

<p>1. The judge of probate, holding several bonds payable to himself, secured by mortgages, belonging to an estate in which an infant had an interest, under an arrangement made by all parties concerned, delivered one of the bonds and the mortgage securing it, to the guardian of such infant as a part of his ward’s estate, and at the same time, wrote upon the mortgage an assignment of bond and mortgage. Subsequently, the guardian transferred this bond by delivery as collateral security for the payment of a debt due by himself. The ward having afterwards claimed the bond— Held, that it was her property.</p> <p>2. The guardian having died, and a surety upon his guardianship bond having become guardian in his stead — Held, that this did not, by operation of law, effect a payment to the second guardian of the amount due upon this bond.</p>