Stampley v. King

Citations

• 51 Miss. 728

Syllabus

<p>Probate Court : Sale of real estate. Notice.</p> <p>Where a guardian petitioned to sell real estate belonging to the ward, under the Code of 1857,- art. OLÍ, p. 468, the court shall appoint a day for ■ the hearing of the petition, and shall order a summons to issue for the coheirs, and also for at least three of the nearest relatives of the minors, if there be any in the state. Where the service of the summons is defective merely, it could not be impeached collaterally, but would be good so long as the decree remained unreversed. But where the record does not show an order of that court directing three of the “ nearest relatives ” of the minors to be summoned: Held, that the proceeding is purely statutory, and must be conducted in accordance with the directions of the statute, in order to bind the wards by the decree, and the jurisdictional facts must appear affirmatively on the record.</p>