87 P. 1135 | Kan. | 1906
The opinion of the court was delivered by
This .is a proceeding to reverse an order of the district court of Rawlins county setting aside a judgment formerly rendered in that court against John Oscar Wiren in favor of R. W. Marquis.
It appears that on August 30, 1889, John Oscar Wiren, a single man, gave his note in the sum of $200 to the Des Moines Loan & Trust Company, and also gave a mortgage upon certain real estate in Rawlins county to secure its payment. The plaintiff in error
Subsequently the plaintiff made application to the district court for the appointment of a guardian ad litem for John Oscar Wiren, upon the ground that he .had been adjudged insane and was then an inmate of the insane asylum at Topeka. Upon this application the court appointed D. C. Bye guardian ad litem for John Oscar Wiren, who, after taking the guardian’s oath, filed a general denial, and the cause was tried without other service. A personal judgment was rendered against Wiren and a decree foreclosing the mortgage was made. Under this judgment and decree an order of sale was issued and the land sold to the plaintiff. The sale was confirmed, and a deed executed to him.
On March 6, 1905, the probate court of Rawlins county appointed O. A. Olson guardian of the person and estate of John Oscar Wiren, and on the same date the guardian filed an application in the district court of Rawlins county asking that the judgment theretofore rendered in the case of Marquis against Wiren be set aside for the reason that the court had no jurisdiction of the defendant Wiren and that the entire proceedings were void. The application was granted and the judgment was set aside. From this order the plaintiff prosecutes error.
The order setting aside the judgment upon the application of the guardian of Wiren is affirmed.