Price v. Crone

Citations

• 44 Miss. 571

Syllabus

<p>1. Minors in chancery. — It is the duty of the chancellor to protect the interests of minors, whether the proper defense be made or not; and for this purpose, he should look to the record in all its parts, and, of his own motion, give to the infant the benefit of all objections and exceptions, as fully, as if specially pleaded. The infant can waive none of its rights.</p> <p>2. Guardian ad ditem — It is a settled rule, that a guardian ad litem cannot be designated till after service of process on the infant.</p> <p>3. Service on infant defendant — A return showing personal service on an infant defendant, is insufficient, unless it also show that the infant had no father or mother in this state. Code of 1857, 489. And the appointment of a guardian ad litem on such return, is error.</p> <p>4. Partition — Possession.—Partition of lands can only be made between persons in actual or constructive possession ; other claimants must establish their rights by suit, and obtain actual seisin before they can be in condition to demand a partition. Hence, a mortgagor in possesion, is the proper party to make partition with his co-tenant; and when the partition has been made, the mortgage on the previously undivided moiety attaches m severalty.</p>