Page:North Dakota Reports (vol. 48).pdf/129

 dated August 7, 1916, conveyed to Hans K. Haugland; and Regina Jasper, by warranty deed, likewise conveyed her one-third interest.

It was later discovered that by reason of the relationship of stepfather Jasper was not a qualified person to act as guardian, and in May, 1918, Regina Jasper filed a petition in the county court asking for the appointment of the defendant Huso as: guardian of her minor children. He was duly appointed. On June 1, 1918, Huso petitioned for and obtained a license to sell this same land that had been originally sold by Jasper. A report of sale was made, showing its sale to Haugland, and the order of confirmation recites that it was sold for cash. It contains this further recital, however:

“These proceedings for the sale of the first above described land, namely, northeast quarter of section 21, township 163 N., of range 98, are had to legalize and correct an error in a previous sale had of said land.”

Pursuant to this order Huso conveyed the premises by guardian’s deed dated July 1, 1918. There was a mortgage of $1,000 on the Knutson quarter, and one for $1,200 on the Haugland quarter. The two properties are regarded throughout these proceedings as having been of equal value, and Haugland paid $200, part cash, to adjust the difference between the mortgages. After conveyance of the Haugland land to Mrs. Jasper, she, her husband, and the Knutson children moved upon the Haugland land, constructed thereon improvements consisting of a house: barn, granary, fences, and in addition removed stones and did plowing, the total value of the improvements being more than $4,000. Regina jasper executed to Peter Jasper, as guardian of the minor children, a mortgage for $2,000, securing a note due May 1, 1921. The evidence in the record shows that the Jaspers treated this mortgage upon their homestead as representing the investment of the proceeds of the sale of the interest of the minors in the Knutson quarter. But the present guardian, Huso, has refused to accept the mortgage as belonging to the estate of the minors, and has likewise refused to receive interest.

The judgment appealed from holds that Peter Jasper was disqualified for the office of guardian; that his transactions in purporting to convey the interest of the minors were voidable; that the conveyance thereof to Haugland was illegal and voidable, being made without due knowledge and consideration of the estate of the minors; that the terms of sale were illegal; that the guardian received no part of the consideration, either in land, moneys, or security, but that the entire consideration was received