Clay's Guardian v. Rice

Opinion op the Court by

Judge Carroll

Reversing.

This appeal is prosecuted by the statutory guardian of two infants, Robert F. and Andrew T. Clay, from a judgment of the Madison circuit court sustaining exceptions to a report of the sale of the infants’ real estate filed by the purchaser, and canceling the sale bonds and setting aside the sale. The sale of the infants ’ land was sought under subsection 3 of section 489 of the Civil Code providing that a vested interest of an infant in real estate may be sold by order of a court of equity ^ ‘ in an action by a guardian against his ward, for a…