This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
The extent to which a court of. equity has inherent power to sell the land of an infant for his benefit is involved in considerable doubt; but the question has, to a considerable extent, lost its importance, owing to the passage of acts, in most, if not all, of the states, authorizing such sales by courts either of equity or probate jurisdiction.35 These sales are usually con ducted by the guardian of the infant, under the direction of the court, the proceedings being generally similar to those in the case of sales of decedents' lands. The application for the sale is ordinarily required to be made by the guardian, but in some states the statute authorizes it to be made by parents or other persons interested in the infant's welfare.36
The lands of persons non compos mentis may likewise be sold under the direction of a court hv force of statute to that effect in all or in most of the states, and occasionally such power has been asserted by courts of equity apart from statute. The sale is usually made by the committee or guardian of the lunatic acting as an instrument of the court.37