Jennings

On March 5, 1887, W O. Jennings, Sr'., was appointed guardian of the estate of his minor son, W. 0. Jennings, Jr., and thereafter he duly qualified, and entered upon the discharge of his duties as such guardian.

On the twenty-third day of the same month he received for and on account of his said ward the sum of one thousand dollars in money, which he thereafter held and used until April 9, 1889. On the last-named *151 day be executed to bis ward bis promissory note for twelve hundred and four dollars and seventeen cents, being for the said one thousand dollars and interest thereon to that date, at the rate of ten per cent per annum, compounded annually, and also a mortgage upon certain real property to secure payment of the note; and on the same day he caused the mortgage to be properly recorded in the records of the county, and shortly thereafter delivered both the note and mortgage to the mother of the boy, to be kept by her for him. On April 28, 1890, while he was still the guardian of the boy, he undertook to satisfy and discharge the said mortgage, and to that end made and entered upon the margin of the record thereof an indorsement as follows:

On July 21, 1890, he and one…