Bevis et ux. v. Heflin et al. liam Stover, as such guardian, filed his petition in the common pleas court of Bartholomew county, and procured an order of said court, authorizing and directing him to sell the said Catharine's interest in said real estate; that, soon thereafter, the said guardian sold her said interest in said real estate to said Heflin, for the sum of nine hundred dollars, which said sale was in due time approved and confirmed by said common pleas court, and by its order a deed of conveyance was executed and delivered by the said guardian, to the said Heflin, for said real estate; that the said Heflin never paid to said guardian the said purchase-money, or any part thereof, but the same remains due and wholly unpaid; that, to cheat and defraud the said Catharine, said Stover, as aforesaid, and said Heflin entered into an agreement, whereby said Stover, as such guardian, was to accept and receive in settlement and payment of said purchase-money certain indebtedness due and owing by Stover personally to said Heflin and said guardian did attempt to settle and discharge said indebtedness thereby, and said Heflin paid no part of said purchasemoney, but the same remains wholly unpaid; that said money has been demanded and payment has been refused; that Stover and the sureties given by said Stover on his bond in procuring the sale of said land are insolvent; that the said Catharine has intermarried with Benton J. Bevis, and demands judgment against Heflin for two thousand five hundred dollars, with a lien on said real estate for the payment thereof, or that said sale be cancelled, set aside and held for naught, and that she recover possession, with damages for the detention, of said real estate. Heflin answered separately in three paragraphs: 1. In general denial. "2. That the said Catharine and her sister Esther A. were the owners in fee, as tenants in common, of one undivided seventh part of the north-east quarter of section Bevis et ux. v. Heflin et al. fourteen, in township ten north, of range five east, lying in said county of Bartholomew; that said Esther, being still under the age of twenty-one years, had intermarried with one Hayes H. Wynn, a person of full age; that both said Catharine and said Esther were the daughters of said William Stover, his co-defendant; that this defendant, being desirous of purchasing the said one-seventh interest of said Catharine and said Esther, proposed to said Stover, who, in that behalf, was then acting as agent for said Wynn and his said wife, that, if said Stover would secure to this defendant a perfect title to all said one-seventh part of said quarter section, this defendant would pay therefor the sum of eighteen hundred dollars, provided said Stover would arrange to take, as part of the purchase-money therefor, a note held by this defendant against said Stover for $509.70, with the accrued interest thereon, amounting in all to about $545.00; that said Stover fully acquainted said Hayes H. Wynn with said defendant's proposition, and thereafter, with the full knowledge and consent of said Wynn, said Stover accepted said proposition, upon condition that an order of the court could be obtained for the sale of said Catherine's interest in said real estate. And defendant says, that thereafter said Stover, upon proper application,did obtain such order of court, and sold the interest of said Esther, as agent for her and her said husband, and the interest of said Catherine, as her guardian, jointly, to said defendant, for said sum of eighteen hundred dollars; and this defendant paid therefor in cash the sum of, to wit, $1,255.00, and surrendered to said Stover said note amounting to, to wit, $545; and said Stover, to secure to this defendant the title to the interest of said Hayes H. Wynn and wife in and to the undivided half thereof, and that said Wynn and wife should execute to this defendant a good and sufficient deed of conveyance therefor, when said wife of said Wynn should arrive at the age Bevis et ux. v. Heflin et al. of twenty-one years, executed and delivered to this defendant a mortgage upon certain real estate therein described, for the sum of fifteen hundred dollars, conditioned that said Esther A. Wynn and Hayes H. Wynn should execute and deliver to this defendant a good and sufficient deed of conveyance to said interest of said Esther in the real estate above described, when said Esther should have arrived at the age of twenty-one years. And said Stover, as such guardian, reported to the proper court, that he had sold said interest of said Catherine for $900 cash in hand; and thereafter, to wit, on the day of -, 1870, said Stover, in his account current report, made to the proper court in the business of said guardianship, reported said sum of $900 as received by him and then in his hands. Defendant further says, that he had no notice or knowledge whatever that said Stover applied, or intended to apply, said amount of said note or any part thereof upon the purchase-money of said Catherine's portion of said real estate; and he further says, that, at the time of making said contract, and at the final consummation of said trade, pursuant thereto, and for a long time, to wit, three years thereafter, the said Stover was entirely solvent and amply able to pay the amount of said note; and he further says that said contract was made and carried into effect in the utmost good faith on his part, and without any intention whatever to defraud or wrong said plaintiff. "3. That, long after the sale of said Catherine's said interest in said real estate, as set forth in said complaint, and with full knowledge of all the facts in relation thereto, said plaintiff caused suit to be brought, in the name of the State of Indiana, in this court, on the bond given by said. Stover as guardian of said Catherine, in which said suit said relators, the present plaintiffs, charged said defendant Stover with having received said $900.00 in cash, and with having failed to account therefor, and issues were formed Bevis et ux. v. Heflin et al. fourteen, in township ten north, of range five east, lying in said county of Bartholomew; that said Esther, being still under the age of twenty-one years, had intermarried with one Hayes H. Wynn, a person of full age; that both said Catharine and said Esther were the daughters of said William Stover, his co-defendant; that this defendant, being desirous of purchasing the said one-seventh interest of said Catharine and said Esther, proposed to said Stover, who, in that behalf, was then acting as agent for said Wynn and his said wife, that, if said Stover would secure to this defendant a perfect title to all said one-seventh part of said quarter section, this defendant would pay therefor the sum of eighteen hundred dollars, provided said Stover would arrange to take, as part of the purchase-money therefor, a note held by this defendant against said Stover for $509.70, with the accrued interest thereon, amounting in all to about $545.00; that said Stover fully acquainted said Hayes H. Wynn with said defendant's proposition, and thereafter, with the full knowledge and consent of said Wynn, said Stover accepted said proposition, upon condition that an order of the court could be obtained for the sale of said Catherine's interest in said real estate. And defendant says, that thereafter said Stover, upon proper application,did obtain such order of court, and sold the interest of said Esther, as agent for her and her said husband, and the interest of said Catherine, as her guardian, jointly, to said defendant, for said sum of eighteen hundred dollars; and this defendant paid therefor in cash the sum of, to wit, $1,255.00, and surrendered to said Stover said note amounting to, to wit, $545; and said Stover, to secure to this defendant the title to the interest of said Hayes H. Wynn and wife in and to the undivided half thereof, and that said Wynn and wife should execute to this defendant a good and sufficient deed of conveyance therefor, when said wife of said Wynn should arrive at the age Bevis et ux. v. Heflin et al. of twenty-one years, executed and delivered to this defendant a mortgage upon certain real estate therein described, for the sum of fifteen hundred dollars, conditioned that said Esther A. Wynn and Hayes H. Wynn should execute and deliver to this defendant a good and sufficient deed of conveyance to said interest of said Esther in the real estate above described, when said Esther should have arrived at the age of twenty-one years. And said Stover, as such guardian, reported to the proper court, that he had sold said interest of said Catherine for $900 cash in hand; and thereafter, to wit, on the day of , 1870, said Stover, in his account current report, made to the proper court in the business of said guardianship, reported said sum of $900 as received by him and then in his hands. Defendant further says, that he had no notice or knowledge whatever that said Stover applied, or intended to apply, said amount of said note or any part thereof upon the purchase-money of said Catherine's portion of said real estate; and he further says, that, at the time of making said contract, and at the final consummation of said trade, pursuant thereto, and for a long time, to wit, three years thereafter, the said Stover was entirely solvent and amply able to pay the amount of said note; and he further says that said contract was made and carried into effect in the utmost good faith on his part, and without any intention whatever to defraud or wrong said plaintiff. "3. That, long after the sale of said Catherine's said interest in said real estate, as set forth in said complaint, and with full knowledge of all the facts in relation thereto, said plaintiff caused suit to be brought, in the name of the State of Indiana, in this court, on the bond given by said Stover as guardian of said Catherine, in which said suit said relators, the present plaintiffs, charged said defendant Stover with having received said $900.00 in cash, and with having failed to account therefor, and issues were formed |