Page:Federal Reporter, 1st Series, Volume 8.djvu/223

SPRiaO V. BTUMP. 209 �ter" and dispose of it, according to the act of September 27, 1862, entitled "An act to provide for the safe-keeping and treatment of insane and idiotie persons," and the proceedinga thereon, from which it appears that said Pulton was by order of said court brought bef ore it by the sheriff, on March 3, 1863, and upon the evidence of David Pyle, a physican, that he was "an insane person," was sent to the insane asylum, at Portland, where he was received on March 4, 1863; and certified copies of the application of David W. AUingham, on March 7, 1863, to be appointed guardian of said Fulton, and the order thereon, of the same date, appointing said AUingham guardian of the estate of said Fulton, in which it is recited that the latter had "been duly convicted of insanity, and sent to the insane asyluni at Portland;" the oath of said AUingham, as guardian, dated Aprii 7th; his bond, dated April 25th and filed May 4th; the letters of guardian- ship issued to him on May 4, 1863, and the exhibit of the estate verified and filed July 5, 1865 ; and certified copies of the petition of said guardian to said county court to sell the real property of said Fulton, verified and filed on October 2, 1866, in which it is alleged "that said Fulton is an insane person now confined to the insane asylum of the state of Oregon ; that the personal property of the said Fulton is not sufficient to pay expenses accruing in consequence of the necessary care and treatment of the said Fulton; that as there is but little hope of the recovery of said Fulton from his insanity, if the sale of the said lands should be more than sufficient to meet the wants of the said Pulton while insane, the money put at interest will ultimately be of greater value to the said Fulton, in any event, than the real estate." The order setting the petition for hearing on No- vember 6th, and directing notice thereof to be given by publication for three weeks, to all persons interested ; the order dated November 7th, allowing the sale, wherein it is stated that "it appearing to the court that it would be for the best interest of said ward to sell the" real property belonging to said Fulton, it is ordered that said guardian sell the same as by law required, describing, among others, the prem- ises in controversy by metes and bounds; the oath of the guardian, of the same date, to dispose of the property "as will be most for the ad- vantage of all persons interested therein;" the bond of said guardian in the penal sum of $10,000, conditioned to sell stich property and account for the proceeds of the sale as provided by law, dated Jan- uary 7, 1867, and filed March llth; tha certificate of the sheriff of said county, filed on February 6th, stating that the premises were v.8,no.4 — 14 ��� �