In re Estate of Jack

Edward Roy Jack, a minor, was the owner of a tract of land in San Joaquin county, containing seventy-eight and forty-one one-hundredths acres, and Ada H. Jack was the guardian of his person and estate. On December 6, 1895, the said guardian, pursuant to due and legal proceedings theretofore had in the superior court of said county, offered for sale and sold the said tract of land to Margaret McCormick for the sum of fourteen hundred and 'fifty dollars, subject to confirmation by the court. The guardian duly made to the court a return of the sale, and stated that the same was legally made and fairly conducted, but that the sum bid was disproportionate to the value of the property sold; wherefore she asked that after a hearing *205 upon the return the court make an order rejecting said sale unless a higher offer be made at the time of such hearing. Notice of the hearing was duly given by the clerk of the court, and the matter came on regularly for consideration and decision by the court on January 3, 1896. At that time Mrs. McCormick, being present in court, filed in writing an offer increasing her bid in the sum of three dollars per acre, and thereupon asked that the said sale be…