Orman v. Bowles
Supreme Court of Colorado
Error to the District Court of Pueblo County. From the record it appears that on the 27th day of March, 1882, Joseph W. Bowles, then guardian of William B. Orman and Franklin H. Orman, minors, published a notice in the South Pueblo News, a daily newspaper printed and published at Pueblo, that at the next term of the district court sitting in and for Pueblo county to be holden on the third-Monday of April, 1882, he would apply for an order to sell the following described real…
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Error to the District Court of Pueblo County. From the record it appears that on the 27th day of March, 1882, Joseph W. Bowles, then guardian of William B. Orman and Franklin H. Orman, minors, published a notice in the South Pueblo News, a daily newspaper printed and published at Pueblo, that at the next term of the district court sitting in and for Pueblo county to be holden on the third-Monday of April, 1882, he would apply for an order to sell the following described real estate belonging to said minors, to wit : The S. W. i of the S. E. i, and the S. E. i of the S. W. é of section 27, and…
1Opinion of the CourtJustice Goddard
The principal assignment of error is predicated upon the alleged insufficiency of the petition presented by the guardian to invoke the jurisdiction of the court; and for that reason the proceedings were coram non judice and void.
The power to sell the real estate of a minor is statutory, and a substantial compliance with the requirements of the statute is necessary to divest the minor of his title, and this must be affirmatively shown by the record. The stature providing for the sale, by the guardian, of his ward’s real estate, in force at the time these proceedings were had, is as follows :
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2Cases cited5 opinions
- Young v. LorainIllinois Supreme Court · 1850
- Calvert v. CalvertSupreme Court of Colorado · 1890
- Decker v. MylesSupreme Court of Colorado · 1879
- Prine v. MappSupreme Court of Georgia · 1888
- Smith v. RaceIllinois Supreme Court · 1862
3Cited by5 opinions
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