acter of the newspaper in which the publication was made, whether daily or weekly, that it is a newspaper of general circulation in the county, and the date of each insertion, and that it was published in each successive issue. While the publication in a daily newspaper for once a week for three weeks might be held a sufficient compliance with the statute, it is desirable that publication be made in a weekly issue.

The affidavit should further show that the paper is one of the character prescribed in the statute in which a publication may be made. The return should be made in detail, in order that upon request for confirmation the court may judicially determine and adjudge whether the statute has been complied with. The court may determine such facts upon return, omitting the details; but the record upon collateral or other attack will be stronger if the guardian's report discloses the entire facts touching the proceedings had in the execution of the order of sale, and that they were in accordance with the statute. If the statutes have not been complied with in every particular, or if the procedure is defective, the court may give an opportunity to correct the defect, if it can be done, and if not, may order a new sale before the purchaser has been placed in possession, where it would be difficult to put him in statu quo. If the return discloses serious defects or improper proceedings, confirmation should be refused and a new sale ordered. Questionable procedure in the sale of the real estate of minors may result in evasions of the law, and, in a jurisdiction where so many titles are dependent upon probate sales, much expensive and unnecessary litigation disturbing titles, retarding the development of the country and creating a cloud upon titles acquired at probate sales. Such results may be largely avoided by proper diligence in observing and complying with statutory requirements.

§ 196. Return of sale subsequent to June 17, 1910, and proceedings in confirmation thereof.-The guardian is re

quired by statute 53 to make return of his proceedings to the county court, which must be filed by the judge, at a time subsequent to the sale. Upon the filing of such return, or thereafter, the court or judge must fix a day for the hearing thereon, of which notice of at least ten days must be given by the judge by posting in three public places in the county, or by publication in a newspaper, or both, as he may deem best. The notice must briefly describe the land sold, the sum for which it was sold, and refer to the return for further particulars. Upon a hearing the court must examine the return and the witnesses in relation to the same, and if the proceedings were unfair, the sum bid disproportionate to the value, or if it appears that a sum exceeding such bid by at least 10 per cent., exclusive of the expenses of a new sale may be obtained, the court may vacate the sale and direct another to be had, of which notice must be given and the sale in all respects conducted as if no previous sale had taken place.* If an offer of 10 per cent. or more in amount than that named in the return be made to the court, in writing, by a responsible person, the court may, in its discretion, accept such offer and confirm the sale, or order a new sale.54

What is said with reference to notice, etc., in the preceding section is applicable to this section.

Upon the return of a sale any person interested in the estate may file written objection to the confirmation thereof, and may be heard thereon when the return is heard by the court or judge, and may produce witnesses in support of his objections. If it appear to the court that the sale. was lawfully made and fairly conducted, the sum bid not disproportionate to the value of the property, and that a

53 Rev. Laws 1910, §§ 6380, 6383.

In re Bohanan (Okl.) 133 Pac. 45.

54 In re Durham's Estate, 49 Cal. 490; In re Pearsons' Estate, 98 Cal. 603, 33 Pac. 451; Bennallack v. Richards, 125 Cal, 427, 58 Pac. 65; Gregory v. Taber, 19 Cal. 397, 79 Am. Dec. 219; In re Spriggs' Estate, 20 Cal. 121; Halleck v. Guy, 9 Cal. 181, 70 Am. Dec. 643; Levy v. Riley, 4 Or. 398; McCallum v. Chicago Title & Trust Co., 203 III. 142, 67 N. E. 823.

greater sum could not be obtained, or if an increased bid be made and accepted by the court, the court must make an order confirming the sale and directing conveyance to be executed. From and after the making of said order such sale is confirmed and valid, and a certified copy of the order of confirmation directing a conveyance to be executed must be recorded in the office of the register of deeds in the county in which the land sold is situated. Before the order is entered confirming the sale, it must be proven to the satisfaction of the court that the notice was given of the sale as prescribed in the statute. The order of confirmation should recite that such proof was made. Jurisdiction is not only conferred upon the county court on presentation of the guardian's return to investigate and adjudge whether the provisions of the statutes have been complied with, but the duty is imposed upon such court so to do. Such confirmation must be upon notice or at a time fixed by statute of which all persons must take notice. An adjudication in such proceeding that the various provisions of the statute have been complied with should be res judicata in subsequent controversies. A broad discretion is conferred upon the county courts in the matter of the confirmation of sales of real estate of minors, but not without regard to the rights of a prospective purchaser who is the highest and best bidder at the sale. He has rights, both legal and moral, which should receive due consideration in determining whether or not the confirmation of sale will be entered.55

§ 197. Limitation on time of sale.-The statute provides that no order of sale of the real estate of a minor continues in force more than a year after granting the same without

55 Wilson v. Morton, 29 Okl. 745, 119 Pac. 213; In re Billy, 34 Okl. 120, 124 Pac. 608; In re Bohanan (Okl.) 133 Pac. 45; Morrison v. Burnett, 154 Fed. 617, 83 C. C. A. 391; In re Arguello's Estate, 50 Cal. 308; In re Devincenzi's Estate, 119 Cal. 498, 51 Pac. 845; In re Jack's Estate, 115 Cal. 203, 46 Pac. 1057; In re Leonis' Estate, 138 Cal. 194, 71 Pac. 171; In re Reed's Estate, 3 Cal. App. 142, 85 Pac. 155.

a sale being had.56 This section was adopted in Oklahoma from the Dakota Code of 1887, and by Dakota from the California Code of Civil Procedure. Similar provisions are in force in other states. In the many years that this statute has been in force in California, Dakota and Oklahoma the courts of last resort of neither of these states have been called upon to construe the same.

What is required to be done under this statute within the year? Must the sale be made and confirmed within the year, or is it sufficient that the property be offered for sale and the bids received and the highest and best bid reported within the year? The language is that "no order of sale shall continue in force more than one year." The order of sale is a commission to the guardian to offer the land ordered to be sold at public auction to the highest bidder at a time and place to be fixed and upon the giving of the notice required by the statute. In reason it would seem that, when the property is offered for sale and the bid has been received, the function of the order of sale has been discharged. Neither the report of the guardian, the application to confirm, the notice of the hearing on the application to confirm, nor the order of confirmation is in execution of the order of sale.

It would seem, therefore, that the sale might be confirmed after the expiration of the year, where the property is of fered and the bid received within the year. However, in the absence of judicial interpretation, it is undoubtedly advisable that confirmation be had within the year.

§ 198. Conveyance by guardians.-Upon confirmation a conveyance must be executed to the purchaser by the guardian, and such conveyance must refer to the orders of the county court authorizing and permitting the sale and directing the conveyance thereof to be executed, and to the record of the order of confirmation in the office of the register of deeds by volume and page of record. Convey56 Rev. Laws 1910, § 6566.

ances so made operate to convey all the right, title, interest and estate of the minor in the premises. 57 The interest passing is not particularly described, because the statutes with reference to conveyances of decedents by executors and administrators are made applicable. Such conveyances, however, no doubt operate to pass all of the interest of the minor in the real estate conveyed.

A purchaser at a guardian's sale does not acquire title on confirmation and payment of the purchase money. It is necessary to pass title that a guardan's deed be executed and delivered.5 58

§ 199. Sales for railroad purposes.-The statutes 59 of Oklahoma provide that, if a railroad corporation shall take any real property of a minor, insane person, or person otherwise incompetent, the guardian of such minor may agree and settle with said corporation for all damages or claims by reason of the taking of such real property, and may give valid releases and discharges therefor upon the approval thereof by the judge of the probate court. This statute affords a means of acquiring the real estate of a minor for railroad purposes other than by condemnation. Under like statutes it has been held that a guardian has not authority to donate land for a right of way or station grounds to a railway company. The statute evidently contemplates that the minor shall receive fair compensation for the property taken or damage done, that when an agreement is reached the guardian shall make report of such agreement to the county court, and that the judge thereof shall, if upon investigation he finds that the settlement is not prejudicial to the interest of the minor, approve the same, which approval authorizes the use of the lands for railway purposes

57 Rev. Laws 1910, §§ 6389, 6565.

58 Eaves v. Mullen, 25 Okl. 679, 107 Pac. 433; In re Billy, 34 Okl. 120, 124 Pac. 608; Spade v. Morton, 28 Okl. 384, 114 Pac. 724; Theller v. Such, 57 Cal. 447; Gutter v. Dallamore, 144 Cal. 665, 79 Pac. 383; Gregory v. Taber, 19 Cal. 397, 79 Am. Dec. 219.

59 Rev. Laws 1910, § 1406.