Mulford v. Beveridge

Citations

• 78 Ill. 455

Syllabus

<p>1. Guardian’s sale of real estate. Proceedings by a; guardian to sell real estate for the maintenance of the ward is a proceeding purely in rem. No parties are necessary. It is ex parte, in the name of the guardian, on behalf of the ward, after notice to all concerned. In this particular, it differs from proceedings to sell real estate to pay debts, where the heirs are necessary parties.</p> <p>2. It is the duty of a guardian making sale of real estate of his ward, to report his proceedings to the court granting the order, but as to what portion of the proceedings, or at what stage of the case the report is -to be made, the statute is silent.</p> <p>3. Where the decree of the court authorizing a guardian to sell real estate of his ward directed him to report such sale to the court for approval and confirmation before the same should be completed, and a sale was made, reported and approved, and, subsequent to such approval, a deed was executed by the guardian, to be delivered to the purchaser upon his securing the purchase money as required by the decree, the interest of the ward was thereby vested in such purchaser, subject to be divested in case of non-payment or refusal to secure the purchase money as required by the decree.</p> <p>4. Same—delivery of deed to purchaser, under ce/rtain circumstances, not essential to pass title. In this case, a guardian sold land, and executed a deed to be delivered to the purchaser upon his securing the purchase money, in accordance with the decree. The purchaser failed to do so, but, by an arrangement between the guardian and the purchaser, the latter conveyed the land to a third party, by deed, absolute on its face, but to be held by such third party and re-sold by him, and', afterwards, he did re-sell it for more than the amount bid by the purchaser at the guardian’s sale, and the proceeds were accounted for to the guardian: Held, that, under these circumstances, it was not material whether the deed from the guardian to the