Mullins v. Sparks

Citations

• 43 Miss. 129

Syllabus

<p>1. Pbocess — Service of. — The return of the sheriff on original process on a defendant in chancery in these words: “ T. P. Gullett — he not being at home, I left with his wife a copy of this writ,” etc., is insufficient, because it does not show that the defendant could, not be found. Poster v. Simmons, 40 Miss. R., 586, in its application to this point, cited and approved.</p> <p>2. Same — as Respects Infants. — A return of service on each of several infant defendants “ by reading the subpoena to them and handing each of them a copy,” is good as far as it goes, but incomplete, because there was not a like service on the father, mother or guardian, if in the state. This is indispensable under the Revised Code of 1857, p. 489, art. 63, to notify those in the nearest and most responsible relations to the infant.</p> <p>3. Vendor’s Lien — Parties^-Pbaotice.—In proceedings in equity by a vendor to subject to his lien for the purchase money for the land sold by him, and which had been re-sold by his vendee, not only the heirs of a deceased sub-vendee, but his legal representatives, and the original vendee, should all be made defendants, so that there may be a personal decree against the original debtor, and because the heirs of the sub-vendee have a right to require that the personal assets of his estate shall be applied to exonerate the land.</p>