Scarf v. Aldrich

Citations

• 97 Cal. 360
• 32 P. 324
• 1893 Cal. LEXIS 547

Syllabus

<p>Guardian and Ward — Sale of Ward's Realty—Proceeding in Rem — Jurisdiction of Ward — Collateral Attack — Publication of Irregular Order to Show Cause. —A proceeding by a guardian for the sale of the ward’s estate is not adverse to the ward, bat is a proceeding in rent carried on by the ward, and for his benefit, of which the statute requires no notice to be served upon the ward. The presentation of the petition brings the ward into court, and gives the court jurisdiction to order a sale of his estate, which the ward cannot afterwards collaterally question, although the order to show canse, as published, irregularly fixed the hearing at an earlier date than that allowed by the statute.</p> <p>Id. —Defective Description of Realty to be Sold — Sale by Correct Description — Jurisdiction. — The fact that the petition of the guardian for the sale of the ward’s estate, and the order to show cause, contained a defective description of the real estate sought to he sold, did not affect the jurisdiction of the court to order a sale, or the validity of the sale by the correct description.</p> <p>Id. — Guardian’s Deed — Divestiture of Ward’s Title — Confirmation of Sale. ■— The title of a ward to real estate, sold under an order of sale, upon a petition therefor by bis guardian, is divested by the guardian’s deed, and not by the confirmation of the sale by the court.</p>