St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-03-12

ORDER.
On reading and filing the petition OF Byron NJ.
Smith, administrator OF the estate of Sophia Comnoy
or, deceased, filed herein February 2, 1884, repre-
senting among other things that said Sophia Com
noYer died on the 14th day of September, A. ID. 1861
and while still minor, and that said petitioner
on the 3rd day of October. A. D. 1885, appointed by
this court administrator of the estate of said minor
and that James Day was duly appointed guardian OF
the person and estate of said minor by this court on
the 18th day of March, A ID. 1858, and continued the
acting guardian of said minor until the time of his
death in the year 1866 that the said Sophia Comnoy
er on the 1st day of August, A. D. 1860 became the
in fee simple of the following described tracts
of land situated In thecounty of kandyohi. in the
state of Minnesota, to-wit: The southwest quarter
Is. W. 10 of section two (2 and the east half C. ~
of section three (3) in township 19 north range %
west, according TO the government survey thereof
and remained the owner thereof to the time of her
death, and that the part of her estate
That on or about the 22d day Of June, A. d. 1868.
the said James Day us such guardian wrongfuly,
without any license authority from this court
attempted sell the said lands to Sanford a. Hooper
at pretended auction sale thereof at Belle Plane in
the county of Scott for the sum Of five hundred and
twelve (512 dollars. and afterwards the 3rd day
of July, A. D.. 1868, did make and file in this cUurr
report of said SALE which report still remains file
In this court.
That said sale has not been confirmed by this court
any order whatever made In relation thereof
That afterwards and about the 9Th day of July,
A. D. 1858, the said James Day as such guardian
executed and delivered to said Hooper guardians
deed Of all said lands purportng to have been so eX-
ecuted and delivered under the authority and drec
ton of this court, and which said deed was after
wards on the 3rd day of November, A. D. 1868, re-
corded in the office of the Register of Deeds of said
Kandiyoht county copy OF which deed Is attached
to said petition and made part thereof and praying
for In said petition set forth that order
may be made and entered by this court vacating
and setting aside the said sale and all proceedings
hereunder, and that this court by ORDER judgment
or decree, determine, adjudge and decree the said
guardians deed to be void and of nOvadity, force or
effect, and that the record thereof be Gdudged and
directed to be cancelled, and that the register of
deeds of said Kandiyoh county be directed to enter
and record certified copy of said Judgment, order or
decree of record in his office in such form and man.
this court shall direct and for such other and
further relief may be just, and said petitioner may
show himself entitled to.
1t is ordered, that said petition be heard before the
judge of this court on the 5th day of April, A. D.
1884, at ten O'Clock in the forenoon at the probate
Office In said county.
And It Is further ordered, that copy of this order
be served upon the said Sanford A. Hooper and upon
each of the devsees named in the last will of Horace
Thompson, deceased, and also upon E. B. Ames
personally, or by leaving copy thereof at their
usual places of abode at least 10 days before the day
of hearing.
And 1t is further ordered, that notice thereof be
given to all other persons interested by publishing
copy of this order at least in each week for
three successive weeks prior to said day of hearing
in the DAILY GLOBE, newspaper printed and pub
lished at Saint Paul in said county.
By the Court.
VIM. B. McGRoRTY,
H. 81 Judge of Probate
Attest: FRANZ RoBERT, Jr., Clerk.
WIN, 81. GRANT, Attorney for Petitioner.
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