Waterman v. Lawrence

Citations

• 19 Cal. 210

Syllabus

<p>In suit against infants for partition of a lot, the complaint stated that plaintiff owned an undivided interest in the lot in common with the infants, etc. The answer—filed by guardians ad litem appointed by the Court—denied such interest in common, and then averred that one W. held a separate interest in a particular portion of the lot; that his title came through an order of sale made in certain probate proceedings in the estate of the father of the infants; and that defendants were ■ ignorant of any title in plaintiff. The Court rendered a decree which, after reciting that plaintiff was shown to be owner “ of the one-fourth part of the fifty vara lot Ho. 75,” describing the portion particularly as in the answer, and also the other facts stated in the answer as to the order of sale and proceedings under it in the Probate Court, concludes : “ It is therefore considered that said defendants to this suit and all persons claiming under them, or either of them, the premises described above, be forever barred from all claim to any estate of inheritance or freehold in said premises; ” Held, that the decree is coram non judice and void, because it goes • beyond the case made in the complaint—to wit: a case of partition of common estate, and forecloses against the infants all claim to the land; that the guardians ad litem had no power to admit away, by their answer, the rights of the infants, and the Court had no power to give effect to such admission, as to a matter and for a purpose not within the scope of their appointment or the purview of the complaint.</p> <p>Guardians ad litem, appointed to represent an infant in a case of partition, have power to defend for the infant solely against the claim sot up for partition of the common estate; and their acts beyond this special limited power are void.</p> <p>The proceeding for partition is a special proceeding, and the statute prescribes its course and effect; and though, after jurisdiction has attached, errors in the co