Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 121

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 121

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...dead' It appears that soon after this action was commenced the guardian made application to the probate court setting forth the proceedings theretofore had on the application of Brandt, guardian, and calling attention to the defects in such proceedings; also setting forth what had been done thereunder, and praying an order authorizing the present guardian to make a conveyance to perfect the title in Arnburg. Such an order was made, a conveyance executed, approved, and recorded. Counsel says that the probate court had no jurisdiction to so act; that the proceeding was in the nature of an action in equity, of which probate courts may not assume jurisdiction. With this contention we do not agree. We may well admit that an equitable consideration is involved where it appears that a probate court, finding that a former deed authorized by it has proven ineffectual to convey title because of defective proceedings, upon further application by the guardian orders a new deed to be executed to accomplish what was intended by the first deed. But that such a proceeding is in the nature of an action the subjectmatter of which is cognizable only in a court of equity isa proposition having no support either in reason or authority. By statute the probate court is given jurisdiction over the estates of minors, and control of the guardians appointed by it to have the personal charge.of such estates. It would be strange doctrine, indeed, to say that the jurisdiction thus conferred may be defeated by pointing out that in respect of some act done there was involved the application of a principle such as that courts of equity recognize and are moved by. The further objection is 'made that the probate proceedings culminating in the second deed more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236893913
  • 9781236893918