118 Ark. 533 | Ark. | 1915
(¡after stating the facts). It is unnecessary to set out land discuss in detail the evidence. The findings of fact of the ichancellor 'are in .accord with the preponderance of the evidence.
The appellants contend that the court had no jurisdiction to order a sale of tbe homestead of the minors in a suit for partition, 'and that for that reason the sale wias not voidable but was ¡absolutely void, and therefore one that could not be ratified by any subsequent conduct of the minors after becoming of age.
Appellants allege as one of the grounds for vacating the decree that at the time the decree was rendered the estate of William Becker .was in process of administration by the probate court, and that more than $500 of claims had 'been probated and allowed, but not paid, and that he had no property with which to pay these claims except the lots that the chancery court had ordered sold in partition; that these facts were known to the parties to the partition suit and were knowingly concealed from the court for the-purpose of perpetrating -a fraud on the Court and the appellants; that the appellants at the time they signed the bond of the purchaser at the sale for the purchase money of the lot did not know of the fraud and they still did not know of such fraud at the time they were made parties to the partition suit and were, by order of the court, subrogated to the rights of Otto Holzer, the purchaser.
The court was correct in dismissing the .appellants’ complaint for want of equity, and its decree is in all things affirmed.