Public-domain · open source
OpenJurist

2 Cal. Unrep. 66

McHenry v. Keithley

California Supreme Court

Decided November 7, 1879

California Supreme Court · decided 1879-11-07

The plaintiff, E. E. McHenry, formerly the wife of Wm. Keithly, deceased, father of the defendants Frank, C. H. and Hattie Keithley, brought this action alleging that she had incurred a large indebtedness in the education and maintenance of the children; that the indebtedness was secured by a mortgage upon her life estate in certain lands constituting the es-state of Wm. Keithley, which mortgage was being foreclosed.

Decided 1879-11-07

By the COURT.

¶1When a guardian of the estate of an.infant has been appointed by the probate court, the jurisdiction of all proceedings instituted for the purpose of paying the indebtedness incurred in the maintenance and education of the infant, or for the purpose of raising money for his future maintenance and education, pertains exclusively to the probate court. The district court, therefore, has no jurisdiction to order the lands of the infant to be mortgaged for the purposes above mentioned.

¶2Judgment reversed and cause remanded, with directions to dismiss the action. Remittitur forthwith.

/2/calunrep/66 · .json · Public domain