Hodgdon v. S. Pac. R.R Co.

Citations

• 75 Cal. 642
• 17 P. 928
• 1888 Cal. LEXIS 602

Syllabus

<p>Guardian and Ward—Fraud in Appointment — Collateral Attack on Judgment. — A judgment of the probate court appointing a guardian of the. person and estate of a minor, which is regular on its face, and rendered by a court having jurisdiction of the matter, cannot be collaterally attacked on the ground of-fraud, collusion, or other matter aliunde.</p> <p>Id. — Lands op Minor Necessary por Railroad — Guardian may Sell — Approval by Probate Judge—General Railroad Act op 1861. — Section 23 of the general railroad act of May 20, 1861, as amended April 27, 1863, providing in effect that if it should be necessary for the purposes of a railroad company to acquire real estate owned by a minor, the guardian of the minor might sell the same to it, and his conveyance would be valid upon being approved by the probate judge, is constitutional.</p> <p>Id. —Form op Approval by Judge. —A certificate of the probate judge .to the deed of the guardian which recites that he, as judge, has examined the deed and the sale of the land described therein, that the land is necessary for the purposes of the railroad company, that the consideration paid is fair and equivalent for the land, and that the sale is just and proper, and which thereupon approves and confirms the sale and deed, is a sufficient approval within the requirements of section 23 of the general railroad act of 1861.</p>