Harper v. Smith
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Edward D. Robertson, Chancellor; 1. The real estate of a minor cannot be sold except for the purposes designated by, and under the authority of, the statutes ; and in this State the statutes authorize such sale only for the purpose of education and maintenance of the minor, or for reinvestment of the proceeds-for his benefit. 2 Am. & Eng.
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Appeal from Mississippi Chancery Court, Edward D. Robertson, Chancellor; 1. The real estate of a minor cannot be sold except for the purposes designated by, and under the authority of, the statutes ; and in this State the statutes authorize such sale only for the purpose of education and maintenance of the minor, or for reinvestment of the proceeds-for his benefit. 2 Am. & Eng. Enc. of L., 57 and notes; Kirby’s Dig. § § 3794, 3801. 2. Sales of real estate not made in substantial compliance with statutory provisions are voidable. Kirby’s Dig. § 3793. And where, in the sale of an infant’s land,…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by plaintiff, Zula Harper, against W. D. Smith, to cancel and set aside a sale oi the plaintiff’s land made by her guardian while she was a minor. The present action was instituted in 1907; and the sale by the guardian took place in the year 1894, pursuant to the orders of the probate court entered at the July term of that year.
The plaintiff owned two tracts of land in Mississippi County: the one in controversy, which was wild and unimproved, and the other, which contained 95 acres and had improvements thereon which yielded some rental. One IT. E. Knight was her…
2Cases cited3 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Tobin v. SpannSupreme Court of Arkansas · 1908
- Beidler v. FriedellSupreme Court of Arkansas · 1884
3Cited by4 opinions
- Harrington v. WhiteSupreme Court of Arkansas · 1917
- Mobbs v. MillardSupreme Court of Arkansas · 1913
- Landreth v. HensonSupreme Court of Arkansas · 1915
- Gaines v. GainesSupreme Court of Arkansas · 1915