Stanley Matthews

“ The question is not one relating to the sale or disposition of any part of the ward's estate which had come under the control of the guardian, but was whether, under the circumstances, the purchase made by the guardian should be treated as made for the benefit of his ward, or whether its burdens and risk should be borne by him individually. It was peculiarly a case for cognizance in equity, and the superior court of Burke county, we think, had jurisdiction to make the decree directing the title to remain in Malcolm D. Jones for his own use. ”

“ Among others, section 1837 provides that 'the guardian cannot borrow money and bind his ward therefor, nor can he, by any contract other than those specially allowed by law, bind his ward's property or create any lien thereon.' It would be difficult under this section, or any others to be found relating to the subject, to discover any authority for the purchase by Jones, the guardian, of the real estate in controversy for his ward, on credit, advancing the money as a loan for that purpose ”

“ This is urged on the ground that the court of ordinary in Georgia has jurisdiction, exclusive of the superior court, to deal with the property of minors, and various provisions of the Code of that state are cited in support of that proposition. ”