Barton v. Hickson
Barton v. Hickson
Opinion of the Court
Plaintiff is tutrix of her children, and brings this suit to compel defendant to accept title to a certain piece of real estate which he has agreed to buy from her. A family meeting was duly held and duly homologated, recommending that this property be sold free of the legal mortgage of the minors upon it, and that the purchase price be deposited in the registry of the court,
Judgment affirmed.
Reference
- Full Case Name
- BARTON v. HICKSON
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- 4 cases
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- Syllabus
- (Syllabus by Editorial Staff.) Guardian and Ward (§ 108*) — Sales—Title of Purchaser — Minors and their Tutorship. A sale of real estate by a tutrix of her children, though made after a family meeting was duly held and duly homologated, recommending a sale free of the legal mortgage of the children and the deposit of the price in the registry of the court until reinvested under orders of the court, passes title to the purchaser, subject to said mortgage, if he accepts title, and the tutrix cannot compel him to accept the title. [Ed. Note. — For other cases, see Guardian and Ward, Cent. Dig. §§ 369, 395-398; Dee. Dig. § 108.*]