Scarf

This action is to quiet title, and involves the validity of a sale of the premises in question by the guardian of the plaintiff to the defendant.

The complaint is in the usual form, alleging ownership in fee, that plaintiff is entitled to the possession, that defendant claims an interest adversely to the plaintiff, and that such claim is without right.

Findings and judgment passed for the plaintiff, and defendant appeals from the judgment upon the judgment roll, and a bill of-exceptions setting out the evidence.

Elizabeth Wagner, the guardian of the plaintiff, filed a petition in the probate court on November 20, 1879, praying for an order to sell the premises in controversy. This petition set out facts showing the necessity for the sale of the premises, which consisted of a part of a lot in the city of San Bernardino, and no question is made as to its sufficiency, except as to the description of the premises sought to be sold.

Upon this petition the court, on the same day, made an order requiring all persons interested to show cause before the court, on the thirteenth day of December,

1879, why an order of sale should not be granted; and po objection having been made, an…