Gillespie v. Hauenstein

Citations

• 72 Miss. 838

Syllabus

<p>1. AotioN in Behalf op a Lunatic. How brought. Parties. Next friend,.</p> <p>A suit in behalf of a lunatic against the sureties on his deceased guardian’s bond is properly brought in the name of the lunatic suing by his guardian and next friend. Finney v. Speed, 71 Miss., 32.</p> <p>2. Peobate Court. Decree appointing guardian. JwrisdicUon presumed. Collateral attach.</p> <p>A decree of the probate court appointing a guardian to a lunatic cannot be attacked collaterally, on the ground that it does not affirmatively appear that the court had jurisdiction over the lunatic, or that he had notice of the proceedings. Aimes v. Williams, ante, p. 760.</p> <p>3. Chancery Court. Smt on gua/rclikm’s bond. Heirs of sutreby, when proper pcurbies.</p> <p>In a suit in chancery on a guardian’s bond, the heirs of a deceased surety are proper parties, where his estate has been finally administered and distributed, and it is sought to subject the same in the hands of the heirs.</p>