Garth v. Arnold

Citations

• 115 F. 468
• 53 C.C.A. 200
• 1902 U.S. App. LEXIS 4222

Syllabus

<p>1. Statutes — Validity—Authorizing Sale of Infants’ Lands.</p> <p>It is the settled law of Missouri that, prior to the adoption of the constitution of 1865, it was competent for the general assembly, by special act, to authorize the sale of lands belonging to minors or persons non compos mentis; and the law had been so well established, and so many titles had been acquired on the faith thereof, as to constitute it a rule of property in the state.</p> <p>& Appeal — Questions Reviewable — Action Tried to Court.</p> <p>Where, by stipulation, an action at law is tried in a circuit court without a jury, — a part of the facts being stipulated, and others specially found by the court, — in the absence of a bill of exceptions the only question open for consideration by the appellate court is whether the judgment is warranted by the pleadings and sustained by the facts stipulated and found by the trial court.</p> <p>a Infants — Exercise of Power to Convey Lands of Minors — Burden of Proof to Sustain Title.</p> <p>Power conferred by legislative act upon persons to sell and convey the interests of certain minors in lands must not only be strictly exercised, but, since the donees have no title to the interests they are authorized to convey, one who sets up a title in virtue of the exercise of such power must furnish the evidence to support it; and, where the validity of the deed under which he claims depends upon acts in pais, he must prove the performance of such acts, — the fact that he was an innocent purchaser, claiming through mesne conveyances, affording him in such case no protection.</p> <p>4. Same — Construction of Power.</p> <p>Where an act of the legislature conferred power upon persons to sell and convey the land of certain minors “for cash or on credit” a conveyance of the land in exchange for personal property was void, and did not devest the title of the minors.</p> <p>5. Same — Expiration of Power — Infant Reaching Majority.</p> <p>A power conferred by the le