ROGERS v. SEWELL

ROGERS v. SEWELL
1933 OK 389
23 P.2d 191
164 Okla. 128
Case Number: 21610
Decided: 06/13/1933
Supreme Court of Oklahoma

ROGERS
v.
SEWELL

Syllabus

¶0 Appeal and Error--Dismissal of Appeal by Guardian Where no Revivor After Death of Ward.
The death of a ward terminates the power of a guardian, and unless an appeal is revived in the name of a personal representative of said ward, this court is without jurisdiction to consider the merits of the appeal, and the same will be dismissed.

Appeal from District Court, Pottawatomie County; Orel Busby, Assigned Judge.

Action by W. O. Rogers, guardian of the estate of Fannie Sewell, against S. D. Sewell et al. for the recovery of real property. From a judgment for the defendants, plaintiff appeals. Dismissed.

Hulsey & Hulsey and W. N. Redwine, for plaintiff in error.
W. H. Brown and Cutlip & Cutlip, for defendants in error.

OPINION: PER CURIAM.

¶1 This appeal was filed in this court August 13, 1930, and both sides brief the proposition involved in the appeal, but it now appears that Fannie Sewell died on the 30th day of November, 1931, in the state of California, and that the fact of the death of the said Fannie Sewell has been known to the guardian ever since the date of her death.

¶2 There has been no action or application for revivor in the name of a personal representative of said Fannie Sewell, and this court has held in the case of City of Anadarko v. McKee, 89 Okla. 166, 214 P. 700, that this court is without jurisdiction to further consider proceedings in error unless it is so revived.