Connell v. Moore

Citations

• 70 Kan. 88
• 78 P. 164
• 1904 Kan. LEXIS 9

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Probate Court — Jurisdiction—Appointment of Guardian. The probate court in the county of a minor’s domicile is the court having jurisdiction to appoint a guardian of the person or estate of a minor.</p> <p>2. -Sale of Minor’s Interest by Court without Jurisdiction is Void. Where the probate court of one county issued letters of guardianship of the person and estate of a minor whose domicile was in another county, and upon application made its order directing a sale of the minor’s interest in real estate situated in the former county, it is held, in a suit in partition in the district court of that county, by the guardian of said minor subsequently appointed by the probate court of the latter county, that the proceedings in the former probate court and the guardian’s deed were void as against the purchaser at such sale, and also void as against his grantee claiming under the deed.</p>