Billups v. Brander

Citations

• 56 Miss. 495

Syllabus

<p>Chancery. Decree in insolvent estate. Minors. Citation. Code of 1857.</p> <p>Art. 98, pp. 448, 449, of the Code of 1857, in relation to proceedings for the sale of property of insolvent estates, provided that, “if any of the distributees or devisees be infants, the process shall be served upon their guardian; and if no guardian has been appointed, the court shall appoint a guardian ad litem, who shall attend to the interests of the infants.” Art. 32, p. 431, of same Code declared that “no decree shall bind or conclude a minor having a guardian resident in this State, unless the guardian shall be served with process. If the guardian be a non-resident, he must be cited .by publication.” Under these provisions, it was not sufficient for the petition in such proceedings to allege, where there were minor heirs or devisees, that it was not known, whether they had a guardian; and a decree of sale rendered therein will be reversed on appeal, if the guardian was not cited, unless it affirmatively appear that there was none, or that he was personally interested.</p>