Carder v. Culbertson

• Decision Date: 24 February 1890
• Citation: 100 Mo. 269,13 S.W. 88
• Parties: CARDER et al. v. CULBERTSON.
• Court: Missouri Supreme Court

13 S.W. 88

100 Mo. 269

CARDER et al. v. CULBERTSON.

Supreme Court of Missouri.

February 24, 1890.

SALE OF INFANTS' LAND.

Under Gen. St. Mo. 1865, c.116, § 30, relating to sales of real estate by a curator, providing that "no real estate of any minor, sold under the provisions of this chapter, shall be sold for less than three-fourths of its appraised value," a deed showing a sale for a less amount is void on its face. BARCLAY, J., dissenting.

Appeal from circuit court, Carroll county; J. M. DAVIS, Judge.

J. W. Sebree and Prosser Ray, for appellants. Mirick & Young, for respondent.

SHERWOOD, J.

Ejectment for 60 acres of land in Carroll county. Plaintiffs were minors when this, their land, was sold for their education, in 1869, by their curator, under an order made by the probate court for the sale of the land at public vendue. The land was appraised at $150, and sold for $10 to William H. Long. Six years thereafter he sold by warranty deed to Andrew Hendricks for $3,000. In April, 1884, Hendricks conveyed by like deed for same consideration to defendant. By stipulation filed, it is agreed that the sole question to be determined is whether the curator's deed is valid. There can be no hesitation on this point; it is a plain matter of statutory provision. Sections 28-30, c. 116, Gen. St. 1865, control this case. The last-named section declares: "No real estate of any minor, sold under the provisions of this chapter, shall be sold for less than three-fourths of its appraised value," etc. The probate court had no jurisdiction to approve such a sale. Its order of approval was therefore coram non judice, and the deed showing the facts already recited was void on its face. We reverse the judgment, and remand the cause, with directions to enter a judgment for plaintiffs after having taken an account of rents and profits. All concur, but BARCLAY, J., who dissents.