Hagerman v. Meeks

Citations

• 13 N.M. 565
• 86 P. 801

Syllabus

<p>SYLLABUS.</p> <p>1st. The probate court of Lincoln county, appointed Arizona U. Gamble, guardian of the minor heir of Robert A. G-amble, deceased, and on the 29th day of October, 1888, duly appointed said Arizona U. Gamble, special guardian to sell the undivided interest of said minor heirs, in certain lands owned by their deceased father for the benefit of said heirs, upon petition of said guardian, in conformity with Sections 2052 and 2053, Compiled Laws of 1897; Held, that said court had jurisdiction to enter the order and, judgment appointing said special guardian and for the sale of said lands, and their being no appeal taken from the said order and judgment, said judgment cannot be attacked collaterally i.’ the present proceeding.</p> <p>2nd. That Sections 2052 and 2053, Compiled Laws of 1897, which are a part of the laws of 1882 were not repealed either directly or by necessary implication, by the act of 1884, providing for the sale of lands of deceased persons to pay debts and conferring jurisdiction therefor upon the district courts.</p>