Void Execution Judicial And Probate Sales

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"1 ("hambers v. . Jones, 72 111. 275; Moore v. Starks, 1 Oh. St. . 309; Good V. Norley, 28 Iowa, 188; Clark v. Thompson, 17 111. 25.
40 VOID JUDICIAL SALES.
minor hiinsolf. "'"- In New York, a guurdian must be ap- pointed for minor heirs on tiling the petition ; and notiee must thereafter ho given toheins. The giving of the notice in advance of the appointment of the guardian is invalid. ''* If the person apjilving for the license to sell is also the guardian of the minors, his [)osition as pet
...itioner is incom- patihle with his duty as guardian. He can not, therefore, represent the heir, and the latter must have another repre- sentative appointed for the occasion. "^ In Illinois, proceed- ings by a guardian for the sale of the lands of his ward are purelv ill rem.^'" In Florida, no service of process on an infant heir is re(iuired. The court must appoint a guardian ad litem. But if no guardian ad litem is appointed, and the general guardian is served with process and appears and represents the minor, the proceedings are not void.

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