Show IN TN THE RUED HURD IS Supreme Court Opinion in a Mortgage Case Cane C An opinion was cas rendered by y the su IJU supreme preme court yesterday in the case tale of Jam Jm Jamis fi a v Vt vi John Bia DI DIrand rand zard Joseph H Hum Hur et al at reversing the ruling of or the t district court and ald re rf remanding manding the th case for foa retrial rial From the opinion Chief Justice Miner dissented The action was ass brought by Andrus as assignee of F E McGurrin to fore foreclose foreclose close a mortgage of 1154 on a minor interest in the Blazzard estate property on Oft West Vest First South street and the attempt was made to hold hoM Joseph JOSph H Hurd personally liable for the th interest surd sued for since the probate court in 1893 had authorized authorised Hurd as aa guardian of one O of the incompetent heirs to execute the note and mortgage The lower court held that Hurd hurl was wag II not person personally ally liable on the note nat which bich was given in settlement ent of litigation over the es estate late tate for the reason that the probate p court had h d Jurisdiction to make the or order order der authorizing the guardian to 10 exe execute execute cute the note and mort e eThe The supreme court however Mode finds that this ruling was in error on og the ground that the former f probate court had no jurisdiction In the premises M K holds that Hurd Hurl is Uble ble personally on the and remands the case e toe for re retrial retrial retrial trial on that th t line |