Morton v. Carroll

Citations

• 68 Miss. 699

Syllabus

<p>1. Probate Court. Guardian’s sale of land. Process for minors. Code 1857, p. 463.</p> <p>Iu probate proceedings, under art. 151, p. 463, code 1857, by a guardian to sell lands of infant wards, it was not necessary to have process served on the wards. Stampley v. King, 51 Miss. 728 ; Burrus v. Burrus, 56 lb. 92.</p> <p>2. Same. Guardian’s sale. Bond.</p> <p>Nor was it necessary, before making such sale, for the guardian to give a bond, unless specially required by the court.</p> <p>3. Judicial Sale. Notice; 'longer than necessary.</p> <p>The giving of longer notice of sale than is required by the decree therefor does not render the sale invalid.</p> <p>4. Decree eor Sale of Lakd. Confirmation. Irregularity. Collateral attach.</p> <p>Where lands of infant heirs have been sold by their guardian under a valid decree of the probate court, subject to widow’s dower, and the sale has been confirmed, it cannot be attacked collaterally by showing irregularity in the way in which the dower interest was sold and conveyed, and errors in the division of the proceeds between the widow and the minors.</p>