Gronfier v. Puymirol

California Supreme Court Jul 1, 1862Published

Before: Field

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Holding. The court held that a purchaser at a judicial sale cannot challenge the validity of the sale based on alleged irregularities in the appointment of a minor's general guardian or the guardian's authority to represent the minor in the action.

Issues

Whether a third-party purchaser can challenge a judicial sale based on the sufficiency of notice provided for the appointment of a general guardian.
Whether a general guardian must be specially appointed as a guardian ad litem to represent an infant in a legal action.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Third persons cannot question the validity of the order upon any allegation that insufficient notice was given of the hearing of the application for the appointment under the statute.”

“As Lies was general guardian, there was no occasion for his special appointment as guardian ad litem in the action. As general guardian he was authorized—indeed, it was his duty—to appear for his ward.”

Synopsis

Where a minor resides out of the State, the notice to be given to all persons interested, on the application of a party to be appointed guardian of such minor, is matter for the exclusive judgment of the Probate Judge. The manner in which, and the period for which, the notice shall be given, are subject entirely to his direction—with, perhaps, the right of appeal to the Supreme Court from the order of appointment.

Third persons cannot question the validity of such order upon an allegation that the notice of the hearing of the application for the appointment of the guardian, under the statute, was insufficient.

In this case, a purchaser at a judicial sale of partnership real estate filed his petition to be relieved from the purchase, on the grounds : first, that a nonresident minor was interested in the property, and that his general guardian, who represented him in the suit resulting in such sale, was appointed without sufficient notice having been given of the hearing of the application; and second, that a guardian ad litem ought to have been appointed: Held, that the notice having been according to the direction of the Probate Judge, the appointment of general guardian was properly made, the sale was valid, and the purchaser will not be relieved; and that no guardian ad litem was required.

Where the Court does not specially appoint a guardian ad litem for a particular action, it is the duty of the general guardian to appear for his ward.

The provisions of sections nine and ten of the Civil Practice Act, relative to the appointment of guardians ad litem where infants are parties, only apply where there is no general guardian, or where he does not act.

Where the interests of the minor require it, the Court in which an action is pending will appoint a guardian ad litem, even though the minor may have a general guardian.

Field, C. J. delivered the opinion of the Court —Norton, J. concurring.

This is an action commenced by the plaintiffs as devisees of Adolph Gronfier, deceased, against the surviving partners of the late firm of Gronfier, Jeune & Co., to obtain a settlement of the affairs of the copartnership, a sale of its effects, and a distribution [630]of the proceeds. The other defendants, besides the surviving partners, were either heirs at law of the deceased, or interested in his estate. They all appeared in the action—the defendant Adolph Leon Gronfier by his general guardian, Eugene Lies—and by consent the action was referred to a referee to try the issues and report a judgment. The referee finding it difficult to adjust the shares and proportions of the different parties until the assets were converted into cash, reported to the Court all the facts of the case, excepting the state of the accounts, and recommended an interlocutory decree for the sale of the assets, and that further proceedings be deferred until the amount of the cash assets produced by the sale were ascertained. By consent of the parties, such decree was entered, and a commissioner appointed to conduct the sale upon specified terms. At the sale which followed, the petitioner Landry became the purchaser of certain real estate situated within the city of San Francisco. He now refuses to comply with his purchase, and files his petition to be relieved from the same, alleging that by reason of certain irregularities in the proceedings in the action he will not obtain a good title to the premises. The irregularities alleged arise from the appointment of Eugene Lies as general guardian of the infant Adolph Leon Gronfier without, as claimed, sufficient notice to parties interested in the estate ; and from the fact that Lies, if properly appointed such general guardian, was never appointed to appear as guardian ad litem for the infant in the action. The Court below held the sale of the premises legal and binding, and denied the prayer of the petitioner; and hence the present appeal.

1. The petition to the Probate Judge, upon which Lies was appointed general guardian, represented that the infant and his parents were at the time citizens and residents of France; and the order appointing Lies was made after notice of the time and place of hearing the petition was given to all persons interested, by publication, pursuant to the direction of the Judge, in a daily newspaper of the city, for the period of five days. The objection taken to the order, and the only objection, is that the notice was insufficient to enable the infant and his parents to learn of the proceedings, and to appear and oppose the same. We do not think

Gronfier v. Puymirol

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