Graden v. Mais

Citations

• 77 Kan. 702
• 95 P. 412
• 1908 Kan. LEXIS 325

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Administrator’s Sale —■ Jurisdiction — Notice to Heirs — Evidence. In an action of ejectment brought against the claimant under an administrator’s deed by the heir of the deceased owner of the land the entire record of the proceedings-in the probate court was introduced in evidence. It disclosed no order requiring notice of the time and place of hearing the petition to sell and fixing the length of time and the manner in which notice should be given. A copy of a printed notice appeared in the files. The court ordered the land sold, confirmed the sale made, and ordered the deed to be -executed. Section 2938 of the General Statutes of 1901 provides that an administrator’s deed shall be presumptive evidence that the administrator observed the directions and complied with the requisitions of the law. Held, the record is conclusive evidence that no order respecting notice was made; the unauthorized notice was a nullity; the subsequent acts of the court did not cure the lack of jurisdiction to enter upon the proceeding; the statute cited does no more than dispense with the production of the record in the first instance, and the deed is void.</p>