Mohr v. Manierre - 101 U.S. 417 (1879)
U.S. Supreme Court
Mohr v. Manierre, 101 U.S. 417 (1879)
Mohr v. Manierre
101 U.S. 417
The statute of Wisconsin which provides for the sale of the real estate of a lunatic to pay his debts when his personal property is insufficient therefor, enacts that the order of the county court to show cause why the application of the guardian for a license to sell such real estate shall not be granted
"shall be published at least four successive weeks in such newspaper as the court shall order, and a copy thereof shall be served personally on all persons interested in the estate and residing in the county in which such application is made, at least fourteen days before the day therein appointed for showing cause, provided however, if all persons interested in the estate shall signify in writing their assent to such . . . sale the notice may be dispensed with."
It also enacts that the court
"upon proof of the due service or publication of a
copy of the order, or upon filing the consent in writing to such sale, of all persons interested, shall proceed to the hearing of such petition, and if such consent be not filed, shall hear and examine the allegations and proofs of the petitioner and of all persons interested in the estate who shall think proper to oppose the application."
A. was duly declared to be a lunatic and his lands in that state were on the petition of his guardian sold by order of the proper court. The sale was reported to the court and confirmed, and a deed made to the purchaser, against whom after the proceedings in lunacy were suspended, A. brought ejectment. He insisted that the court had no jurisdiction to make the order granting license to the guardian to sell, inasmuch as notice of the time and place of hearing the petition had not been published for the full period of four successive weeks.
1. That the publication of notice of the hearing is only intended for the protection of parties having adversary interests in the property, and is not essential to the jurisdiction of the court.
2. That so far as the rights of the lunatic are concerned, the jurisdiction of the court attached upon filing of the guardian's petition setting forth the facts required by the statute.
3. That as against the lunatic, a license to sell is not rendered invalid by reason of an insufficient publication of notice of the hearing.
The facts are stated in the opinion of the Court.