Alexander

The deed to defendants was void for want of power in the grantor to convey the premises. She was not the guardian, and had no power except such as was conferred by the special Act of April 29th, 1857. That act was unconstitutional, being in conflict with Art. HI of the Constitution. The appointment of a guardian, the control, management, and sale of the wards’ estate, are duties pertaining to the judicial and not to the legis *485 lative branch of the Government. They are duties which had been, and were at the time of the attempted sale under the act in question, vested in the Courts, and generally, this power was one belonging to the judicial branch of the Government. (Poty v. Smith, April Term, 1874; 2 Story’s Eq. Jur. 1333-4; Andrews' Case, 1 Johns. Ch. 99 ; Cooley’s Const. Lira. 87, and cases cited; Adams’ Eq. 284.)

W. II. Patterson, for Respondent, cited Brenham v Davidson, 51 Cal. 352 .

In Brenham v. Davidson, 51 Cal. 352 , the statute which was under review in that case conferred the power of sale on the guardian of the minor, and the sale was to be approved by the Probate Court. The proceeds of the sale were to be reinvested for the benefit of the minor; and, moreover,…