Saunders v. Mitchell

Citations

• 61 Miss. 321

Syllabus

<p>1. Lunatic. Judgment against guardian. Sale of lands under execution. Under the Code of 1857, the sale of the lands of a lunatic under execution issued on a judgment against his guardian, is a nullity, and the purchaser acquires no title. The sale of lands of a lunatic for payment of debts contracted while he was of sound mind could only be made by order of the probate court.</p> <p>2. Same. Adjudication of bankruptcy. Voluntary petition. Notwithstanding the appointment of a guardian by the probate court, it was within the province of the banhr.upt court to make an adjudication of bankruptcy on the petition of a lunatic, as the action of the probate court only established the fact of lunacy at the time of its decree.</p> <p>3. Same. Bankrupt decree. Error of fact. A decree of the bankrupt court cannot be collaterally attacked by showing that a party was a lunatic at the time of its rendition. In such a case the court proceeds in error of fact, and the mistake could only be pointed out by writ of error coram nobis.</p> <p>4. Bankrupt. Discharge. Surplus. B,e-investment of title. The bankrupt act made no provision for the re-conveyance by the assignee to the bankrupt of any surplus of the estate which might remain after the payment of the debts proved against it. Such surplus of necessity belongs to the bankrupt, and there is a reverter of the original title to the bankrupt by operation of law. But such reversion ought not to he presumed or found, in the absence of clear and full proof of the complete execution of the purposes for which the property is held by the, assignee.</p> <p>5. Same. Presumption. Eieirs-at-law. Ejectment. Whether the lapse of sufficient time to raise the common law presumption of payment of all claims would be sufficient to authorize a recovery of a surplus by the bankrupt or his heir-at-law in an action of ejectment. Query. But if it should also appear that the debts have actually been satisfied, or if there is clear proof of an abandonment