Blackman v. Baumann
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Action to recover real estate. Tbe defendant derived title through a guardian’s sale, made by tbe order of tbe probate court, for tbe education and maintenance of infant wards, of whom tbe plaintiff in this action was one.
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APPEAL from tbe Circuit Court for Jefferson County. Action to recover real estate. Tbe defendant derived title through a guardian’s sale, made by tbe order of tbe probate court, for tbe education and maintenance of infant wards, of whom tbe plaintiff in this action was one. Tbe sale was made on tbe 10th of December, 1850, and tbe oath of tbe guardian that be would' exert bis best endeavors to dispose of tbe property in such manner as would be most for tbe advantage of all person interested, was made on tbe same day. Tbe record .showed an order of confirmation, which recites that it appeared…
1Opinion of the Court
Cole, J".
It seems to us impossible to sustain the guardian’s sale under chapter 65, R. S. 1849, as one made to raise means to pay the debts of the wards and the charges of managing their estate. All the papers in the probate proceedings fully repel any such conclusion. They show that the proceedings of the guardian were had under the provisions of chapter 64, because “it was necessary that said premisis should be sold, and the proceeds thereof, or *613some part of the same, be applied towards the necessary education and maintenance of the infants.” This is the reason assigned in the petition for…
2Cases cited2 opinions
- Reynolds v. SchmidtWisconsin Supreme Court · 1866
- Emery v. VromanWisconsin Supreme Court · 1865
3Cited by4 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Bachelor v. KorbNebraska Supreme Court · 1899
- Wilkinson v. FilbyWisconsin Supreme Court · 1869
- Fuller v. HagerOregon Supreme Court · 1905