Tate v. Bush

Citations

• 62 Miss. 145

Syllabus

<p>1. Partition. Infants. Petition in chancery for sale of land. By next friend.</p> <p>A decree of a court of cbaneery for tbe sale of land for partition is not void because based upon tbe petition of an infant by bis next friend. Duncan v. Wilson, 44 Miss. 634, cited.</p> <p>2. Same. Infant non compos mentis. Decree for sale of his land.</p> <p>And tbe fact of tbe infant in sueb case being non compos mentis does not affect tbe validity of the decree.</p> <p>3. Same. Sale of land. Amount of bond for purchase-money.</p> <p>Tbe fact that tbe penalty of a bond given by the purchaser of land sold for partition, under a decree in chancery, for tbe unpaid purchase-money is only equal to tbe amount due, instead of .being double that amount, as required by tbe statute, does not invalidate tbe sale.</p> <p>- 4. Same. Sale of land. Bond for purchase-money payable to commissioner.</p> <p>And such sale is not void because tbe bond for tbe purchase-money is made payable to tbe commissioner instead of to tbe parties in interest. • Nesbitt v. Cunningham, 27 Miss. 292, cited.</p> <p>5. Partition. Sale of land. Failure to return bond into court.</p> <p>Nor does tlie failure to return such bond into court render the sale invalid. Nesbitt v. Cunningham, 27 Miss. 292, cited.</p> <p>6. Same. Sale of land, where made. Presumption as to place.</p> <p>Where the record does not show that such sale was made at a place other than the door of the court-house, it is presumed, even on a direct appeal, that the decree of confirmation was based upon sufficient evidence that the sale was made at the door of the court-house, as required by the statute.</p> <p>7. Same. Sale of land. Lien for purchase-money. Chancery jurisdiction.</p> <p>The statute (in 1859) authorizing a sale on credit of an infant’s land under a decree of the chancery court required only personal security for the purchase-money ; and hence, no lien on land thus sold can be enforced for the collection of the purchase-money because