Bull v. Dagenhard

Citations

• 55 Miss. 602

Syllabus

<p>1. Guardian and Ward. Relation of former to property of latter.</p> <p>A guardian does not sustain the same relation to the property of his ward that, the administrator does to the decedent’s estate. The guardian has no title to the property of the ward, real or personal. He is invested with powers over the ward’s property, as legal agent, in so far as may be necessary to the per- ' formance of his duties; but whatever title he may assert is the title of his ward. ,</p> <p>2. Same. Guardian or prochein ami, when admitted to sue for infant.</p> <p>M., as guardian of certain minors, brought an action of ejectment against D. and others, though at the time of commencing the action he had not taken out-letters of guardianship of the infants. M. having died before judgment, B. qualified as guardian of the minors, and made application to the court to he-admitted to prosecute the action of ejectment in his name, as successor of M.</p> <p>The application was denied. Held, that the action was, in effect, by the minors, and undersection 669 of the Code of 1871, which provides that “ in any case where such persons as be within age may have cause of action, their next friend shall be admitted to sue for them,” the application should have been granted; but the court should have directed the declaration to be amended, so that it would appear that the infants sued by B., as their guardian and, next friend.</p>