Smith v. Lundy

The opinion of the court was delivered by

Dawson, J.:

The plaintiffs are minors, whose interest in'a tract of land inherited from their father was sold and the proceeds reinvested by their mother and guardian on authority of the probate' court. The action was based upon certain irregularities in the proceedings in the probate court authorizing the sale of the minors’ interest, and upon the ground that the sale sanctioned by the probate court was void because the vendee was -the husband of their mother and guardian. Ejectment, partition, rents, and equitable relief were prayed for by plaintiffs…