David Josiah Brewer

“ Maxwell was at all times a man of ample financial reponsibility. No part of the proceeds of the note was paid directly to the minors or their mother, but Thompson, her second husband, supported, maintained, and educated the minors during their minority with the funds of his wife and himself, the same as his own children, keeping no separate account. The sum and substance of all this is that each of the three separate plaintiffs took notes for the money Maxwell was to pay in settlement. ”

“ Scheurick and Hicklin, the husbands of Alfred Bent's two sisters, as well as the four husbands of the Beaubien heirs, who during these years sold and conveyed their interests to Maxwell for less sums proportionally than the Bent heirs received, were intelligent men, ranked among the best citizens of the community, and were considered men of wealth and influence; so the case is not one of an advantage taken of ignorance and inexperience. It further appears that the compromise as finally made was advised by the leading counsel for the Bent heirs ”

“ That infants are bound by a consent decree is affirmed by the authorities, and this notwithstanding that it does not appear that a prior inquiry was made by the court as to whether it was for their benefit. ”

“ The best interests of minors require that things that are done in their behalf, honestly, fairly, upon investigation, and with the approval of the appropriate tribunal, shall be held as binding upon them as similar action taken by adults.
Again, it is said that it appears from the findings that the guardian ad litem was a Mexican woman, and, at the tiem of the execution of the deed, ignorant of the English language, unfamiliar with business or with her duties as guardian, without knowledge of the boundaries or extent of the grant, or of the character and value thereof ”

“ But passing that, and considering the case in the light of the issues as they stand upon the amended pleadings and the findings of fact made by the lower court, we are clearly of opinion that its decree in favor of the plaintiffs must be sustained. These findings show that, in the lifetime of Alfred Bent, the counsel of himself and his two sisters advised them to settle with Maxwell, rather than take the award of the commissioners; that on a conference between Alfred Bent, acting for himself and his sisters, he demanded $21,000 as the consideration of such settlement ”

“ On a bill of review filed by the minors, this decree was challenged, among other reasons, on the ground that it appeared to have been made by consent of their guardian ad litem, and upon the representations of counsel without proof. The court decided against the contention, and speaking in reference thereto, through Mr. Chief Justice Gray, said:
'An infant is ordinarily bound by acts done in good faith by his solicitor or counsel in the course of the suit, to the same extent as a person of full age. ”

“ If such a rule ever comes to be recognized, it will work injury rather than benefit to the interests of minors, for no one will make any settlement of such claims, for fear that it may thereafter be repudiated. ”

“ The findings also show that 'at and about the year 1866, and for several years thereafter, there was no demand for or sales of undivided interests in lands of the quantity, character, and location of those in question, such as to create any ascertainable market value thereof' ”

“ Levy, Id. 245. And a compromise, appearing to the court to be for the benefit of an infant, will be confirmed without a reference to a master, and, if sanctioned by the court, cannot be afterwards set aside except for fraud. Lippiat v. Holley, 1 Beav. 423; Brooke v. Mostyn, 33 Beav. 457, 2 De Gex, J. & S. 373.
'If the court does pronounce a decree against an infant by consent, and without inquiry whether it will be for his benefit, he is as much bound by the decree as if there had been a reference to a report by him that it was for the benefit of the infant. Wall v. ”