90 Neb. 167 | Neb. | 1911
Action in ejectment to obtain possession of an undivided one-fourth of the northeast quarter of section 3, township 21 north, of range o east of the sixth P. M., situated in Cuming county, Nebraska. The cause was tried to the district court without the intervention of a jury. The trial resulted in a judgment for the defendants, and the plaintiff has appealed.
The errors assigned and relied on for a reversal are, in substance, as follows: The findings and judgment of the district court are contrary to law; the findings and judgment of the district court are not sustained by the evidence.
It appears that one James O’Donnell, on or about July 1, 1893, died testate in Cuming county, Nebraska, leaving a widow and three children surviving him, one of whom is the plaintiff in this action; that at the time of his death
The plaintiff’s main contention is that the district court, by reason of certain defects or irregularities in its proceedings, had no jurisdiction to make the order for the sale of the land in question; that the sale through which the defendants derived their title was void, and therefore she should have had the judgment. We may say, in passing, that it is probable that the matters upon which plaintiff relies to deprive the district court of jurisdiction to make the order were mere irregularities; but we are not' required to pass upon that question, for we are of opinion
Without quoting any more of the evidence, we think it may be said that it was sufficient to support the findings of the district court. This brings the case clearly within the rule announced in Borcher v. McGuire, supra, where it was held that the acceptance of his distributive share, by a ward from his guardian, of an estate, and a request for his discharge; in the absence of fraud or misrepresentation, amounts to a ratification of the guardian’s acts; that, if the ward has knowledge that a portion of the fund received by him was the proceeds of the sale of his land, this wQuld be a ratification and affirmance of such sale, and it would make no difference whether the sale proceedings were regular, voidable, or void.
Counsel for the plaintiff have challenged the soundness of that opinion; but, after a careful review of it, we are unable to see how we could have decided the question otherwise. That was an action to recover, another part of the real estate owned by James O’Donnell at the time of his death, and practically the same questions were involved in that case as those which are before us on this appeal. The record in this case contains practically the same' evidence presented in that one, together with some additional testimony tending strongly to support the findings and judgment of the trial court.
Affirmed.