Sockey v. Winstock

Decision Date17 November 1914
Docket NumberCase Number: 6184
PartiesSOCKEY et al. v. WINSTOCK et al.
CourtOklahoma Supreme Court
Syllabus

¶0 1. GUARDIAN AND WARD--Petition to Sell Realty--Requisites. Under section 6557, Rev. Laws 1910, the petition of a guardian to sell the real estate belonging to his ward must state the condition of the estate, and facts tending to show the expediency or necessity of such sale, in order to give the court jurisdiction to order the sale.

2. SAME--Judgment--Collateral Attack--Petition to Sell Realty--Jurisdiction--Validity of Sale. When the petition filed with the county court contains facts substantially in accordance with the provisions of the statute, the court acquires jurisdiction; and, notwithstanding the proceedings may be irregular and erroneous, the judgment rendered will not be void and subject to collateral attack.

3. JUDGMENT--"Collateral Attack." A "collateral attack" on a judicial proceeding is an attempt to avoid, defeat, or evade, or deny its force and effect in some incidental proceedings not provided by law for the express purpose of attacking it.

4. GUARDIAN AND WARD--Petition to Sell Realty--Sufficiency. The petition filed by the guardian with the county court for the sale of his ward's land substantially complied with the statute, and was sufficient to confer jurisdiction on the court.

J. A. Bass, for plaintiffs in error.

Sigler & Howard, for defendants in error.

RIDDLE, J.

¶1 Plaintiffs in error, Maggie Sockey, Rafe Sockey, and Ned Sockey, through their guardian, Chas. H. Victor, brought this action in the court below against defendants in error to have declared void and of no effect a conveyance of certain lands belonging to said plaintiffs, which conveyance was made by their former guardian, J. Mat Moore, to defendant I. H. Winstock. Plaintiffs allege in their petition that said sale was void, and conveyed no title to I. H. Winstock, defendant, who was the purchaser at said sale, and that R. M. Winstock, who afterwards purchased from I. H. Winstock, took the title to said lands subject to the defects in the original sale by the guardian; that said sale was void, because the petition or application for sale of said land stated no cause or reason why said land should be sold, and stated no facts which would give the court jurisdiction to hear and direct a sale; and that said application stated no facts under the statute authorizing or justifying a sale of said lands. They further allege that said lands were inherited from their father, John Sockey, a Mississippi Choctaw Indian. Defendants filed their answer, denying that the sale was void, and that the court was without jurisdiction to make the order directing the sale of said lands. They attach to their answer the application for an order of sale, and the decree of the county court directing the sale of the lands. Upon a trial of the cause, the court rendered judgment in favor of defendants on the pleadings, from which judgment plaintiffs prosecute this appeal. The only questions presented for our determination are: (1) Was the petition filed in the county court by the guardian sufficient to confer jurisdiction on that court to make the order of sale? (2) Is this a collateral attack upon the proceedings of the county court and the conveyance made in pursuance thereof? The petition for the sale of said land, omitting description of the property, is as follows:

"Petition to sell Real Estate by Guardian. State of Oklahoma, Carter County: In County Court. In the Matter of the Guardianship of Maggie Sockey, Ned Sockey and Rafe Sockey, minors:
"Comes now J. Mat Moore, as the guardian of Maggie Sockey, Ned Sockey, and Rafe Sockey, minors, and shows to the court the condition of the estate of the above-named wards, to wit: That there is no personal property belonging to any of the above-named minors. That the said wards own the following described real estate, to wit: Maggie Sockey: (Description, 240 acres of land.) Ned Sockey: (Description, 210 acres.) Rafe Sockey: (Description, 210 acres of land.) The annual income therefrom is one hundred dollars ($ 100.00) to each minor; that the annual expense chargeable against the estate of each ward for maintenance and education is approximately one hundred and fifty dollars ($ 150.00), and that it is necessary that the hereinafter described real estate, which was inherited by said wards from the estate of their father, John Sockey, deceased, should be sold for the following reasons, to wit: For the education, support and maintenance of said wards, each being of scholastic age, and their lands not being sufficient to support and maintain them. (Here description of real estate.) That the next of kin and persons interested in the estate of said wards, together with their respective places of residence, are as follows: Bettie Sockey Victor, the mother of said wards and the wife of C. H. Victor, stepfather, of Sulphur, Oklahoma. Wherefore, petitioner prays the court that upon hearing had herein, he be authorized to sell the following described real estate: (Description of real estate), at private sale, such sale being more beneficial and for the best interests of said wards.
"[Signed] J. MAT MOORE. [Seal.]"

¶2 Section 6557, Rev. Laws 1910, relating to the petition of a guardian to sell his ward's real estate, provides:

"To obtain an order for such sale, the guardian must present to the county court of the county in which he was appointed guardian, a verified petition therefor, setting forth the condition of the estate of his ward, and the facts and circumstances on which the petition is founded, tending to show the necessity or expediency of a sale."

¶3 This statute requires that the petition set forth: (1) The condition of the estate. (2) The facts and circumstances tending to show the expediency or necessity for such sale. The petition in the instant case shows that plaintiffs in error have no personal property, but that they own certain real estate described in said petition, and that they are dependent upon the income from said estate for their maintenance and education, and that the income derived from said estate is insufficient for the proper maintenance and education of said wards; that each of the wards is of scholastic age, and that the income derived from said lands is insufficient to educate them properly; that said lands were inherited from their father. The petition for the sale of real estate of wards by a guardian is required to state the purpose for which the sale is asked ( Ryder v....

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