McIlvoy v. Alsop

Citations

• 45 Miss. 365

Syllabus

<p>1. Parties in chancery—who necessary. — Those who have the beneficial interest in lands, the subject-matter of a suit in equity, are necessary parties.</p> <p>2. Service oe summons—minors, how served in certain cases. —Where a summons issued for minors whose mother was included in the summons as a defendant, and the return of service showed that it was executed by delivering a true copy of the summons to each of the defendants named in it: Held, This was sufficient, and it was not necessary that a copy of the summons should have been handed to the mother, in addition to that already delivered to her on her own account. The delivery of a second copy to her would be an idle ceremony.</p> <p>3. Minor—decree against —proop necessary.—It is error to render a decree against minors, except upon proof of the material allegations of the bill.</p> <p>á. Case under consideration. — The record in this case was reviewed, and the conclusion reached that there was not sufficient proof of the statements of the bill to warrant the decree against the minors, and for that reason it is reversed.</p> <p>5. Ancillary administration—assets in Mississippi—who entitled to collect — case in hand. —A person in Kentucky held a note on one in Mississippi, secured by a lien on land in this state, and, after making his will, died in Kentucky. The will was probated in both states, and letters granted upon it. The note mentioned fell into the hands of the personal representative in Kentucky, who retained it, and insisted on his right to collect it: Held, That the note was assets here, and the Mississippi administrator was entitled to collect it; and the fact that the note (the mere evidence of the debt) was in the hands of the other in Kentucky, was no bar to the right of the Mississippi administrator to collect it, and a court of chancery will decree payment to him in such case, taking due precaution for the benefit of those responsible for its payment, against the risk and danger of trouble an