State ex rel. Delmas v. Cox

Citations

• 62 Miss. 786

Syllabus

<p>1. Guardian. Sale of ward’s land. Confirmation. Purchase-money.</p> <p>Until confirmation of a sale of a ward’s land, made by his guardian under an order of the chancery court, the guardian has no legal authority to receive the purchase-money of the land, and if he does so he holds it merely as the depositary of the purchaser.</p> <p>2. Same. Purchme-money before confirmation of sale. Liability of sureties on guardian’s bond.</p> <p>And if before such confirmation the sureties on the guardian’s original bond be released and a new bond be taken, they are not liable after confirmation of the sale for the purchase-money received by the guardian before confirmation, even though at the time of its reception they had not been released from their bond.</p> <p>3. Same. Special bond under § 1221, Code 1871. Effect on general bond.</p> <p>The special bond provided for in $ 1221 of the Code of 1871, in case the guardian was ordered to sell land belonging to his ward, did not supersede the general guardian’s bond, but both were a security for the money arising from such sale. State, use, etc., v. Hull, 53 Miss. 626.</p>