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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 313   View pdf image (33K)
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O'HARA VS. SHEPHERD. 319
A considerable portion of this debt has been lost, the bor-
rower having become insolvent, and the property mortgaged,
for reasons which I do not deem it necessary now to advert to,
having proved inadequate to pay the money except to a very
limited amount.
An effort has been made to throw the loss upon Shepherd,
the administrator of the deceased Coberth, upon the ground that
George McNeir, the then guardian of his son, never knew of or
sanctioned the loan. But the evidence, oral and documentary,
to the contrary is so conclusive, that no conceivable doubt can
be entertained upon the subject. The deposition of William
McNeir, the mortgagor, taken before the Auditor on the 18th
of September, 1852, ia so full, explicit, and unanswerable, and
so completely establishes the knowledge, consent, and co-ope-
ration of George McNeir, that the attempt upon this ground
to fix the responsibility upon Shepherd utterly fails. This
deposition proves, not simply that George McNeir knew of and
consented to the loan in question, but that it was by his ad-
vice, instigation, and procurement, that it was made. And in
addition to this particular evidence, his guardian's account,
settled with the Orphans Court on the 9th of May, 1843,
recognises and treats this mortgage as a part of the estate of
the ward in his hands. To permit him, therefore, or any other
person claiming through or under him, or liable for him as
surety, to repudiate this transaction, upon the ground that he
did not know of or approve it, would be monstrous. It may
also be observed in this connexion, that in an account settled
with the Orphans Court by William O'Hara, the complainant
and present guardian of the minor, on the 18th of May, 1846,
this same debt due by William McNeir and wife is treated as
a part of the estate of the ward in his hands.
It is urged, however, that this loan from the administrator
to William McNeir, even though approved of and sanctioned
by the guardian, was totally unauthorized, and the conse-
quences must be visited upon the former; and the 5th section
of the 12th sub-ch. of the Act of 1798, ch. 101, in referred to
in support of this proposition. The provision in this section

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 313   View pdf image (33K)
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