1 Ind. 374 | Ind. | 1849
On the 8th of May, 1837, Stephen Taylor, administrator of the estate of Daniel J. Taylor, deceased, filed a petition in the Probate Court of Tippecanoe county, alleging that the personal estate of his intestate was insufficient to pay the debts outstanding, and praying for an order to sell the real estate. The petition alleged that Stephen, Marietta, Elizabeth, Daniel, and Henry Taylor, all minors, were the heirs at law, and that the petitioner was their general guardian. Thereupon, on motion, an attorney of the Court was appointed guardian ail litem for said
This writ of error is brought by the heirs of Daniel J. Taylor, deceased, against the administrator of the administrator who instituted the foregoing proceedings, and they have made Shoffner, who purchased a part of the land, a party.
There can be no doubt that the proceedings of the Probate Court were erroneous. Without examining other alleged defects, we must pronounce them so, because it was error to render a decree against infants without proof, notwithstanding the admissions of a guardian ad litem. Hough v. Doyle, 8 Blackf. 300, and Hough v. Canby, id. 301.
But we do not intend here to express any opinion as to the validity of the sale. It is a well established doctrine that sales made by order of Courts having competent power to make such order, will not be affected by a reversal of the decree ordering the sale, for error; and it was held by this Court, in the case of Thompson v. Doe, 8 Blackf. 336, where an order of sale was made by a Probate Court, on the application of an administrator under precisely the same circumstances as in the present case,
The decree ordering the sale by the administrator is reversed. Cause remanded for further proceedings.