Knickerbocker v. Knickerbocker

The real estate of the plaintiff in error was sold, in 1854, under a decree obtained upon the application of his guardian.

The notice of the application stated that the guardian would apply to the circuit court, at the term to be held on the fourth Monday of October. The application was, in fact, made at the November term following. It is stipulated that the October term was not held, as the judge did not attend.

It further appears, from an examination of the record, that the petition was not filed until the expiration óf the time for holding the October term; indeed, there is no file mark upon…