Rule v. Broach

Citations

• 58 Miss. 552

Syllabus

<p>1. Probate Court. Decree for sale of land. Petition of guardian. Wards not cited.</p> <p>Sect. 13 of “An act to amend the probate laws of the State, and for other purposes,” approved March 1, 1854, required “all persons interested, residing-in this State,” to be cited upon an application to the Probate Court by any heir, executor, administrator, or guardian for the sale of the land of a decedent. A decree rendered while this act was in force, for the sale for division of the land of a decedent, upon the petition of a guardian of some of the heirs, without his war-ds being cited or a guardian ad litem appointed for them, is void.</p> <p>2. Same. Decree void as to some of the parties. Effect as to others.</p> <p>The decree in the case above stated being void as to some of the parties, is void as to all, according to the decision in Hamilton v. Lockhart, 41 Miss. 460, which is adhered to so far as it applies to probate proceedings.</p> <p>3. Same. Application of Burrus v. Burrus, 56 Miss. 9H.</p> <p>The decision in the case of Bumus v. Burrus, 56 Miss. 92, refers solely to the provisions of the Code of 1857.</p> <p>4. Ejectment. Defence of outstanding tax-title. Case in judgment.</p> <p>The lands of a decedent were sold under a decree of the Probate Court, and by successive conveyances were conveyed to R., who received possession of the same. While in his possession the lands were sold to the State for taxes. After the period for redemption had expired, they were purchased from the State by A. Afterwards the heirs of the decedent brought an action of ejectment to recover the lands from’R. The probate decree of sale was void, and R. set up in defence the tax-title held by A. Held, that R. is not permitted to make such defence.</p> <p>5. Dower. Unallotted. Purchaser thereof. Contest with heir.</p> <p>The purchaser of the lands of a decedent from the widow, whose dower has not been allotted, acquires no title as against the heirs, because of the rule in this State that