Temple v. Hammock

Citations

• 52 Miss. 360

Syllabus

<p>1. Instruction's to the Jury: Objection thereto in the court below.</p> <p>Where instructions are given to the jury in the court below, and no objection made in that court, either when acted upon or in the motion for a ¡new trial, they will not be noticed by this court when complained of here for the first time.</p> <p>2. Beal Estate : Sale by guardian. Code of 1867, art. 151, p. 463.</p> <p>A guardian may sell the real estate of his ward under the provisions of the Code of 1857, art. 151, p. 463, but it is essential to the validity of such'sale that citation shall be served on three of the nearest relatives of the ward, residing in this state, if there be such, and the record must show that fact; otherwise, the sale will be void.</p> <p>3. Same : Division of lands on application of an executor who is not a devisee.</p> <p>The statute authorizes the court to decree a division of lands among the heirs or devisees of a deceased person, upon their application, but not upon the application of one of the executors of a will who is not a devisee ; and a decree authorizing a division upon the application of such executor is void.</p>