This was a bill in Equity, in which it was alleged that Robert J. Dinkins was the guardian of Rufus K. Dinkins, an infant; and gave bond with the plaintiffs as his sureties. — . that in the year 1834, he, the said Rufus K. Dinkins, recovered a judgment against the said Robert J. Dinkins and the said Stephen Fox and others, plaintiffs in this suit, for the sum of $1517 24 and costs of suit — which sum has been collected by execution, and paid by the plaintiffs — that the said…
Cited by 2 later decisions — most recently June 1923
2 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
The defendant Alexander at the time he took the assignment from Robert Dinkins of the bond, mentioned in the pleadings, knew that it was held by the said Robert as Guardian to his ward Rufus K. Dinkins. The bond on its face was made payable to “Robert Dinkins, guardian of Rufus K. Dinkins.” The guardian became insolvent and is now dead. The defendant, by the rules of a Court of Equity, became a trustee to the ward for the amount of the bond. The plaintiffs, as sureties to the guardian bond, have been compelled to pay the ward the amount of this debt. They have a right, therefore, in a Court of Equity, to stand in the place of the ward, and follow the trust fund and recover satisfaction to that amount, now in the hands of the defendant, Alexander, or in the master’s office. The plaintiffs have a superior equity to that of the defendant
*342
Alexander. The decision of the Judge we think was correct, and it is in accordance with the cases of
Buntin
v.
Ricks, 2
Dev. & Bat. Eq. Rep. and
Powell
v.
Jones,
decided at this term
(ante
p. 337). This opinion will be certified &c. and the appellant must pay the costs of this court.
