Page:Federal Reporter, 1st Series, Volume 3.djvu/394

KETTLSTON V. ÙOSIBB. 887 �Nettleton V. MosiEB and others. (Oirevit Court, D. Minnetota. June, 1S80.) �1. JnBiBDionoN — Probatb Coubt — Appoihtment ov Ottaediait— Col- LATERAL Prookbdeng — Ret. St. op Minn. c. 69, i 1.— Section 1, e. 69, of the Revised Statutes of the state of Minnesota, provideg that " the judge of probate in eacli county, when it appears to him necessary or convenient, may appoint guardiana to minora and others, being inîiai- itanU or rmdenU in the mne eounty, and also to such as reside out of the State and have any estate within the same." Hdd, that the appointment of a guardian under such section could be attaclied in a collateral proceeding, where It was shown that the minor was not an inhabitant or resident of the county la which the jadge of probate made such appointment. �S. YoiD Debd — Equitable Relief. — Qu«r«, whetherabillinequitycaa be flled by one out of possession to set aside a conveyance made by such guardian, and remove the cloud from the title caused by ths execution and recording of the deed. �In Equity. Demurrer to Bill. �S. L. Pierce, for plaintiff. �W. J. Hahn and J. C. McClure, for defendants. �MoCeaby, c. j. This is a suit in chancery, brought for the purpose of setting aside a guardian's deed. The foUow- ing are the material facts. Section 1, c. 59, Eevised Stat- utes of Minnesota, provides as foUows : �"The judge of probate in each county, when it appears to him necessary or couTenient, may appoint guardians to minors and others, heing inhabitants or residents in the same county, and also to such as reside out of the state and haT0 any estate within the same." �The bill avers that application was made to the probate court of Goodhue county, Minnesota, for the appointment of a guardian for Agnes e. Wells, a minor, and that in the peti» tien for such appointment it was "fraudulently and falsely etated that the said Agnes E. Wells resided in the county of Goodhue ; that, in fact, she did not then and never did reside in said county, neither was she %n inhabitant thereof," but was then and for many years thereafter a resident and inhab- itant of the county of Eice, in the state of Minnesota. Upon eaid petition a guardian for said minor was appointed by the ����