¶1delivered the opinion of the court.
¶2
¶3
¶4
¶5*325
¶6We affirm the decree of the circuit court sustaining the orders of the county court. Affirmed.
64 Or. 321
Decided February 25, 1913
Oregon Supreme Court · decided 1913-02-25
<p>.Guardian and AVard—Sales—Opening' and Vacating.</p> <p>1. Where a county court’s order confirming a guardian’s sale was not directly attacked by an appeal therefrom or a suit in equity to vacate it, the purchaser could not, on appeal from the denial of a motion to vacate it, attack its validity on the ground that the guardian was not present in the State, did not exercise any supervision over the sale, and that a second resale was unauthorized by law.</p> <p>Courts—Jurisdiction of County Courts—Guardians’ Sales—Opening and Vacating.</p> <p>2. A suit to vacate an order of the county court confirming a guardian’s sale must be brought in the circuit and not in the county court, since the county court has no equitable jurisdiction, and exhausts its power in the proceeding to sell when it confirms the sale.</p> <p>Guardian and AArard—Sales—Opening and Vacating.</p> <p>3. Under Section 1357, L. O. L., requiring guardians to proceed in the matter of sales like executors and administrators, ’ and Section 1258, requiring in the case of executors or administrators a return to be made within 10 days after the sale, and allowing 15 days thereafter for urging3 objections against the confirmation of the sale, a purchaser who did not appear in the county court prior to the confirmation waived his objections to the sale, and could not maintain a motion to vacate the confirmation decree.</p> <p>New Trial—Statutory Provisions.</p> <p>4. The provisions of Sections 173-178, L. O. L., prescribing the method of obtaining a new trial, are not applicable to suits in equity.</p>
Relies on Aldrich v. Columbia Railway Co.
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1913-02-25
Cited by 4 later decisions — most recently August 1950
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1delivered the opinion of the court.
¶2
¶3
¶4
¶5*325
¶6We affirm the decree of the circuit court sustaining the orders of the county court. Affirmed.