Wells v. Smith

Citations

• 44 Miss. 296

Syllabus

<p>1. Probate court — Process—Service on minoes. — No decree -will bind a minor having a guardian in this state, unless the guardian be served with process. If the guardian is a non-resident he must be cited by publication.</p> <p>2. Same — Appointment op guabdian ad litem_if there be a guardian, it is only on contingency of his being interested or failing to appear, that the court can appoint one for the special occasion.</p> <p>3. Eefect op answer op wabd. — The answer of a minor puts in issue the allegations of the bill or petiton, and as against tho minor the bill or petition must be proved.</p> <p>4. Presumption in favob of cobbbeotness of deceee — Recitals.—Where the final decree recites that “the court has maturoly considered the allegations and proofs, and being satisfied,” etc., this court, in the absence of record testimony to the contrary, will infer that there was sufficient evidenco in the court below to uphold the decree.</p> <p>5. ChANCEEY COTJETS— JUBISDICTION — CONSTEUCTION OF CHANCEBY COUBT LAW. — The effect of sections twenty-five and twenty-seven of the act establishing chancery courts, approved May, 1870, is to transfer the administration of the probate'court law to the chancery court, so that tho latter may license and decree the sale of real estate for the payment of debts in tho same manner and on the same terms that the probate courts were heretofore authorized to do.</p> <p>6. Chanceky bule of five months to take testimony_Tho statutory rule requiring the cause to stand over fivo months after answer filed to talco testimony is con fined to chancery practice.</p> <p>7. Same — Case at bab. — Where the answer of the guardian ad litem, and the final decree were made and taken on the same day. Held: The chancery court, in making the decree of sale, was properly guided by tho law, which,, in the same caso, would have controlled the probate court but for the transfer of its jurisdiction. Rev. Codo 449, art. 98.</p> <p>8. Bond fob title — Vendob’s