Pursley v. Hays
Supreme Court of Iowa
Appeal from Polls District Court. The plaintiffs commenced their action under chapter 144 of the Revision of 1860, to recover possession of certain lauds.
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Appeal from Polls District Court. The plaintiffs commenced their action under chapter 144 of the Revision of 1860, to recover possession of certain lauds. The defendants filed their separate answers, the fifth division being in substance as follows, to wit: “ Defendant avers that each of said plaintiffs, after the sale of said real estate by their guardian, J. 0. Jones, as heretofore set out, and after each of said plaintiffs were of fall age and discretion inlaw, said plaintiffs received from the said John C. Jones, as their guardian, the purchase-money so realized by him from the sale of…
1Opinion of the CourtDilloh, J.
*3121. Guardian: sale of real estate. *311The sale of the plaintiffs’ real estate by Jones, the guardian, was, as alleged in the prior divisions *312of the answer, referred to in the count or division under consideration, by virtue of an order or license of the County Court, a tribunal invested by our law with the jurisdiction or power to make such an order. There is nothing in the record, so far as it is before us, showing that the order for this sale, or the sale itself was void, and under our statute (Rev., 4120), the proceedings* are to be presumed regular. Infancy, it must be remem-2. - Estoppel.…
2Cited by13 opinions
- Missouri Pacific Railroad v. BrazzilTexas Supreme Court · 1888
- Deford v. MercerSupreme Court of Iowa · 1867
- Test v. LarshIndiana Supreme Court · 1881
- Sage v. FinneyMissouri Court of Appeals · 1911
- Tomlinson v. SimpsonSupreme Court of Minnesota · 1885
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