Sec. 853. The guardian to comply with the statutes created applicable to administrator's and executor's sales of real estate.

All proceedings under petition of guardians for sales of property of their wards, giving notice and hearing of such petitions, granting and refusing an order of sale, directing the sale to be made at public or private sale, reselling the same property, return of sale and application for confirmation thereof, notice and hearing of such application, making orders, rejecting or confirming sales and reports of sales, ordering and making conveyances of the property sold, accounting and the settlement of accounts must be had and made as provided and required by the provisions of law concerning the estates of decedents unless otherwise specially provided in this chapter.22

Sec. 854. The proceedings valid-Omission to name ward in deed.

It has been held that a collateral attack upon a judicial proceeding in a probate court, under which a sale of land was made by a guardian more than fifteen years before, will not be favored. While a sale of land was made by a guardian for the actual value of the same, the sale approved, the money paid and expended for the support and education of the minors, and the purchaser takes possession thereunder, and holds the same for a long time, he acquired the full equitable title, and is entitled to a conveyance of the legal title; and the mere fact that a deed which contains a full recital of the preliminary proceedings, omits the names of one of the minors, will not invalidate the sale and in case the purchaser or his grantee is entitled to have estate, interest and possession of the land quieted, as against the claims of any of the minors.*

22 Snyder, 5,510; Wilson, 1,852; Dakota Code, 6,021 (1887); California, 1,789 (Kerr), identical.

* Bradford v. Larkin, 57 Kan. 90, 45 Pac. 69.

Sec. 855. The statute of limitation as to order of sale.

No order of sale granted in pursuance of this chapter, continues in force more than one year after granting the same, without a sale being had.23

Sec. 856. The terms of sale-Security for purchase price.

All sales of real estate of wards must be for cash, or part cash, and part deferred payments, not to exceed three years, bearing interest from date of sale, as, in the discretion of the county judge, is most beneficial to the ward. Guardians making sales must demand and receive from the purchaser, a bond and mortgage on the real estate sold, with such additional security as the judge deems necessary and sufficient to secure the faithful payment of the deferred payments and the interest thereon.24

Sec. 857. The investment of the proceeds of sale.

The county court, on the application of the guardian, or any person interested in the estate of any ward, after such notice to persons interested therein as the judge shall direct, may authorize and require the guardian to invest the proceeds of sales, and any other of his ward's money in his hands, in real estate, or in any other manner most to the interest of all concerned therein; and the county court may make such other orders and give such directions as are needful for the management, investment and disposition of the estate and effects as circumstances require.25

Sec. 858. The procedure where the guardian leases his ward's lands for oil and gas mining purposes.

Under the chapter as to the procedure and law as to oil and gas mining leases will be found a full set of forms by

23 Snyder, 5,511; Wilson, 1,853; Dakota Code, 6,022 (1887).

24 Snyder, 5,512; Wilson, 1,854; Dakota Code, 6,023 (1887); California, 1,791 (Kerr), identical.

25 Snyder, 5,513; Wilson, 1,855; Dakota Code, 6,024 (1887); California, 1,792 (Kerr), identical.

which the guardian may lease his ward's lands for oil and gas mining purposes.

Sec. 858a. Summary of the necessary steps to subject lands of a minor to sale.

Mr. Bledsoe, in his valuable work, has given us the following useful summary of the steps necessary in the sale of the land of a minor in this State:

To avoid overlooking a compliance with any of the statutory provisions authorizing or regulating the sale of real estate of a minor by order of a county court, it is perhaps advisable to enumerate the various steps required to be taken in the order fixed in the statute. The following action should be taken and the following proceedings be had:

1. There should be filed a petition for an order of sale. 2. A hearing should be had, an order procured, directing the next of kin of the minor and all persons interested in the land to appear and show cause why the order should not be granted as prayed for.

3. There should be service of the order to show cause as required by the statute.

4. Proof of service of the notice of application for the order to sell should be made by affidavit, filed on or before the day on which the hearing is to be had.

5. There should be a full and complete hearing on the petition for the order to sell.

6. An order of sale should be entered, complying with the statutory provisions.

7. A special bond should be filed and approved in such sum as may be ordered by the court.

8. Notice of the sale of real estate should be given as required by statute.

9. Proof of the giving of the notices as required by the statute to be filed with the return of the sale.

10. The sale should be made at the time and place prescribed in the order and of which notice is given, and if there is a postponement of the sale, notice of such postponement should be given as required by the statute.

11. A return should be made of the sale on or before the first day of the next term of the court, succeeding the day on which the sale is made.

12. Hearing should be had upon such return, and if such hearing is on the first day of the succeeding term, no notice is necessary.

13. If the hearing on the return be not had upon the first day of the next succeeding term, an order should be entered fixing the date of such hearing and requiring notice to be given thereof.

14. Notice should be given as required by the statute of the hearing on the return.

15. Proof of the service of the notice should be procured and filed prior to the day of the hearing.

16. An order of confirmation should be duly entered and the same should find in said order a compliance with all the statutory provisions authorizing the sale of the real estate of a minor, and regulating the proceedings thereon.

17. The order of confirmation should be recorded as required by statute.

18. A deed should be executed by the guardian, conveying the interest of the minor to the purchaser at the sale.

19. If a private sale is desired, the following additional statutory provisions should be complied with:

(a) The petition must pray an order authorizing a private sale.

(b) The order must authorize a private sale.

(c) There must be an appraisement of the real estate ordered sold.

(d) Notice must be given of the sale as required by statute. (e) There must be proof of service of the notice as required by the statute, before the sale is presented for confirmation.

(f) Confirmation cannot be had unless ninety per cent. of the value is realized.*

Sec. 859. The procedure by which a guardian may sell real estate of his ward-The form for the petition.

the court the condition of the estate of the above named ward, to-wit:

The personal property of said ward consists of proximate value of $

is approximately $

of ap

; that the annual income therefrom

That said ward owns the following described real estate of the approximate value of $ to-wit: (Here describe real estate); that the annual income therefrom is approximately ; that said real estate is incumbered to the amount of

$

$

with an annual interest charge of $; that the annual expense chargeable against the estate of said ward for maintenance and education is approximately $

; that it is necessary, or to the best interest of the ward, that the hereinafter described portion of said real estate be sold for the following reasons, to-wit: (Here state them.)

That the next of kin and all persons interested in the estate of said ward, together with their respective places of residence, are as follows: (Here set them out.)

WHEREFORE, petitioner prays the court that upon hearing had hereon, he be authorized to sell all the interest of the minor in and to the (Here describe the real estate sought to be sold) of

*Indian Land Laws, Sec. 190. The recent changes in legislation as herein noted should be observed.