Blackman v. Mulhall

Citations

• 19 S.D. 534
• 104 N.W. 250
• 1905 S.D. LEXIS 77

Syllabus

<p>1. Rev. Prob. Code, § 26, provides that the proceedings of the court are to be construed in the same manner and with like intendments as pro-eeedings of courts of general jurisdiction, and its records and decrees are to be accorded like force and effect as those of circuit coiirts. Section 202 provides that failure to set forth facts showing a sale to be necessary will not invalidate the subsequent proceedings if the defect he supplied by the proofs and general facts showing such necessity be stated in the decree. Section 332 provides that orders, and decrees need not recite the existence of the facts upon which the. jurisdiction of the court may depend. Held, that an order of the probate court, finding the existence of all the facts necessary to constitute a valid sale of real estate, and authorizing such sale to he 'made, constitutes a conclusive determination, as against collateral attack, of the sufficiency of the petition for the sale, and precludes a successful attack on the purchaser’s title on account of defects-in such petition.</p> <p>2. It may be presumed, on collateral attack on the appointment of an administrator, that a petition for the appointment was in fact filed and notice thereof given, where it does not affirmatively appear that no petition was filed and no notice was given.</p> <p>3. Under section 80 of the Revised Probate Code, authorizing the grant of administration to one or more of several classes of persons, an irregularity in appointing an administrator without petition being first filed is not available in a collateral proceeding to overthrow the acts of an administratrix who was duly appointed, and with whom the administrator acted.</p> <p>4. A finding of a probate decree that a petition for the sale of land was duly presented by the administrator and the administratrix, and ordering the sale to be made in the name of both the administrator and the administratrix, cannot be collaterally attacked.</p> <p>5. The fact that an order to sh