140 Iowa 728 | Iowa | 1909
— Thomas Traul died seised of about forty acres of land, being the tract involved in this proceeding. He died intestate, leaving five children as his only heirs at law, namely, Sarah Brown, John Traul, Iva Traul, Emma Ella Traul,, and Lydia Traul. The first two were adults and the last three were minors.
On January 6, 1906, the plaintiff filed her petition, in which Lydia Traul was not made a party defendant. The petition averred that the plaintiff and the other three children who were named as defendants owned each an undivided one-fourth of the real estate as the only heirs at law of the decedent. On January 12, 1906, she amended her petition, making Lydia Traul a defendant, but averring that she had no right or interest in the real estate. On April 7, 1906, a decree was entered confirming the shares of the parties as averred in the petition, awarding to plaintiff and to each of the first three defendants named a one-fourth share of the premises, and denying to Lydia Traul any interest therein. No guardian ad litem was appointed for the minor defendants, nor does the abstract show what, if any, notice was served upon them.
On January 11, 1907, appraisers were appointed in pursuance of the decree, and one of such appraisers was also appointed as sole referee to sell the land. The appraisers’ report purported to be made on January 12, 1907, but was not filed until February 11, 1907. This report appraised the value of the land at $2,310. On February 2, 1907, the referee filed a report of sale of the land to Nina A. Oampbell for $3,300. On February 5, 1907, Caroline Mingus, as guardian of the minor defendants-, appeared in their behalf, and asked that the former decree be reopened, and that the minor defendant, Lydia, be awarded a one-fifth share in said real estate. On February 11, 1907, plaintiff and the defendant John Traul and Nina A. Campbell, the purchaser, all joined in an application for a modification of the former decree, and
The facts appearing in the foregoing recital furnished abundant ground to the trial court to refuse its approval to the sale. The minors had no guardian or representative looking after their interest during any of the proceedings antedating February 11, 1907. To ratify all such proceedings after the appointment of a guardian ad litem would have served only to legalize the irregularity in the proceedings, and to have quieted the title of the proposed purchaser. It would not have enabled the guardian ad li
It was made to appear at the hearing that there were other bidders who were ready to pay a substantially larger sum for the land than the intervener’s bid. There were other- circumstances which were quite prominent in the hearing, and which we do not care to discuss. • They tend at least to show facts, which of themselves would justify the court in disapproving the sale.
There was no error in the action of the trial court, and its order is affirmed.