McLemore v. Chicago, St. Louis, & New Orleans Railroad

Citations

• 58 Miss. 514

Syllabus

<p>I. Chancery Practice. Saving in decree against infants. Rule as to new defence.</p> <p>Art. 97, p. 555, of the Code of 1857 was intended as a substitute for the rule in chancery courts to insert, in decrees affecting the inheritance of infant defendants, a saving in the following words: “And this decree is to be binding on the defendants unless, on being served with subpoena, they shall, within six months after they shall attain the age of twenty-one, show unto this court good cause to the contrary.” By the practice established under this rule, if the infant defendant is dissatisfied with the defence which has been made for him, and Wishes to make a-new defence, he must, in general, wait until he has attained the age of twenty-one years; but, upon special circumstances shown, he may obtain leave to make a new defence during his infancy, and in such case, in order to bind him by the decree to be made, he will be treated as a complainant and be bound accordingly, with no right to show cause against the second decree. But if- such infant defendant wishes to impeach the decree on the ground of fraud, collusion, or error, he may proceed by original bill, without waiting to attain his majority.</p> <p>2. Same. Decree against infant. Saving under Code of 1857.</p> <p>A decree under art. 97, p. 555, of the Code of 1857, for the sale or conveyance of the real estate of an infant, to which the saving provided in that article applied, may be assailed by the infant, upon cause shown, at any time within three years after he attains the age of twenty?one years, unless he be summoned, or served with a copy of the decree, within six months after he attains the age of twenty-one years, by the partjr interested in concluding him, in which case he is then compelled to show cause against the decree or be thereafter bound by it. Although the decree is final in form, and may be executed by a sale or conveyance, yet the rights of the complainant and the purchaser of the real estate, or