Page:Federal Reporter, 1st Series, Volume 8.djvu/230

216 " FEDERAL REPORiEE. �under oath, and if this were otherwise the legality of the subsequent inquisition and adjudication of insanity is net affeoted thereby. �Assuming, then, as we do, that Fulton was lawfully adjudged insane, and that such adjudication authorized the appointment of a guardian without any further inquiry or finding on the snbject, the only remaining question in this case is, was the sale of the premises by the guardian legal? and the answer depends upon the suffieiency of the petition of the guardian for the order of sale. �The act of December 16, 1853, (Or. Laws, 738,) provides that when "the income of the estate" of "a minor, insane person, or spend- thrift" is insufficient to maintain the ward and bis family, his guard- ian may sell his real estate for that purpose upon obtaining a license therefor from the county court; and he may make such sale upon obtaining such license, and invest the proeeeds "in some productive stock," or put them "out on interest," when "it shall appear upon the representation" of such guardian "that it would be for the benfit of his ward." Sections 1 and 2. �To obtain this license the guardian must present to the court "in which he was appointed guardian a petition therefor, setting forth the condition of the estate of his ward, and the facts and eircum- stances under which it is founded, tending to show the necessity or expedieney of such sale, which petition shall be verified by the oath of the petitioner." Section 6. Upon this petition, if it appears therefrom that such sale "is necessary," or "would be beneficiai for the ward," the court is authorized to grant the license to sell, upon notice to the next of kin and others interested in the estate. Sec- tion 7. �Section 20 of the act provides that in an action relating to property sold by a guardian, in which any person claiming under the ward shall contest the validity of such sale, — �"The same shall not be avoided on account of any irregularity in the proceed- Ings, provided it shall appear — (1) That the guardian was licensed to inake the sale by a county court of competent jurisdiction ; (2, 3, and 4) that hegave the bond, took the oath, and gave notice of the time and place of sale, as pre- scribed by law ; and (5) " that the premises were sold accordingly, at public auction, and are held by one who purchased them in good faith." �This provision of this act was evidently framed upon the theory that the then territorial courts of probate were not courts of general jurisdiction, and that the evidence of their jurisdiction and its regular exercise must appear on the face of their proceedings ; and by way of ��� �