SEC. 93-13-51. Sale of land; title validated.
(1) When it would be for the personal best interest of the ward or advantageous to his estate to sell a part or the whole of his real estate, including timber or wood, the guardian may present a petition to the court for that purpose, setting forth the reasons why the proposed sale would be beneficial to the ward, and a summons shall issue as provided in section 93-13-281. If the process be served, or if the petition be joined in by that person or those persons prescribed by section 93-13-281, or if the guardian ad litem appointed by the court answer within the time fixed, the court shall examine the allegations of and evidence introduced by the guardian, and also the objections and evidence of those, if any, who may appear and object. If on the hearing, the court be satisfied that the interest of the ward will be promoted by the proposed sale, it may decree a sale, and prescribe the terms and conditions thereof, and the notice which shall be requisite, and may require the guardian of said ward or the clerk or commissioner of said court to execute the deed of conveyance to the purchaser of the land, timber or wood sold and require the guardian, clerk or commissioner to give an additional bond, if necessary, faithfully to account for the proceeds.
The sole compensation of the guardian, clerk or commissioner for executing the deed as herein provided shall be three dollars ($3.00), which sum may be taxed as a part of the cost of such proceedings.
Provided, however, in event the petition be joined in by that person or those persons prescribed by section 93-13-281, the notice and summons, as herein provided, shall not be required and said matter shall be proceeded with ex parte.
(2) The title to any real estate heretofore sold, the proceedings therein having been followed in conformity with the provisions of this section, are hereby validated; and no title derived from the real estate of a ward shall be held invalid if the procedure herein contained has been conformed with.
SOURCES: Codes, Hutchinson's 1848, ch. 36, art. 1(132); 1857, ch. 60, art. 151; 1871, Sec. 1221; 1880, Sec. 2113; 1892, Sec. 2205; 1906, Sec. 2422; Hemingway's 1917, Sec. 1983; 1930, Sec. 1883; 1942, Sec. 419; Laws, 1940, ch. 250; 1946, ch. 415, Secs. 1, 2; 1972, ch. 408, Sec. 12, eff from and after July 1, 1972.