Beachy v. Shomber

Citations

• 73 Kan. 62
• 84 P. 547
• 1906 Kan. LEXIS 204

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Guardian and Ward — Notice of Application to Sell Real Estate. The notice required by the statute to be given to a ward of the hearing of his guardian’s application for leave to sell his real estate is jurisdictional, and a deed made without such notice’s having been given is void, and subject to collateral attack.</p> <p>2. Practice, Supreme Court — Confirmation of Guardian’s Sale ( —Presumption as to Notice. Where the record shows the giving of a notice to a ward of the hearing of his guardian’s application for leave to sell his real estate, and such notice is for any reason unavailing, it cannot be presumed from the fact that the sale was confirmed by the probate court that any other notice was given.</p> <p>3. Guardian and Ward — Petition—Statutory Conditions — Validity of Deed,. A guardian’s deed will not be held void upon a collateral attack merely because the petition of the guardian for leave to sell his ward’s real estate does not affirmatively show the existence of the conditions which under the statute authorize such sale.</p> <p>4. -Report of Appraisers — Construction. An ambiguous report of appraisers, made in the course of proceedings upon which a guardian’s deed is based, will if possible be given, a construction that will uphold the deed.</p>