Eubanks v. McLeod

Citations

• 105 Miss. 826
• 63 So. 226

Syllabus

<p>1. Appeal and Error. Process. Defective service. Infants. Actions. Guardian ad litem. Failure to appoint. Equity. Decree. Evidence. Necessity. Landlord and tenant. Adverse possession.</p> <p>The question of the validity of service of process on a minor defendant does not arise where the original bill upon which process was issued was dismissed, and the decree rendered was in response to a cross-bill filed by both adult and minor defendants, and which was retained and proceeded with as an original bill.</p> <p>2. Same.</p> <p>The fact that in filing a cross-bill the minor cross complainants were not represented by a guardian ad litem, or next friend was a mere irregularity, and did not deprive the court of .jurisdiction to proceed in the matter, and its decree cannot on that ground be attacked collaterally, as the infancy of the plaintiff in such case can be availed of only by plea in abatement.</p> <p>3. Equity. Decree. Evidence. Necessity for.</p> <p>Where an adult defendant to a cross-bill agreed that the relief prayed for might be granted without the introduction of evidence, it was unnecessary to introduce any evidence in support of the allegations of the cross-bill, since this agreement placed the cause in the same situation, that it would have been, had the allegations of the cross-bill been admitted by formal answer.</p> <p>4. Landlord and Tenant. Adverse possession.</p> <p>Continuous possession of land for ten years does not confer title where such possession is not under claim of title but for at least a part of the time is held under a lease from the true owner.</p>