Wilson v. Duncan
Mississippi Supreme Court
Appeal from the chancery court of Pontotoc county. Pov LARD, J. The appellants filed the following assignment of errors: 1st. The chancery court erred in overruling the exception filed by appellant, Wilson, to the report of E. C. Bell, commissioner. 2cl. The chancery court erred in overruling the second exception filed by appellant, E. 0. Jones, as guardian. No court has jurisdiction to sell infants’ lands, unless conferred upon it by the legislature.
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Appeal from the chancery court of Pontotoc county. Pov LARD, J. The appellants filed the following assignment of errors: 1st. The chancery court erred in overruling the exception filed by appellant, Wilson, to the report of E. C. Bell, commissioner. 2cl. The chancery court erred in overruling the second exception filed by appellant, E. 0. Jones, as guardian. No court has jurisdiction to sell infants’ lands, unless conferred upon it by the legislature. Tyler on Infancy and Coverture, 296, et seq'.;. Taylor v. Phillips, 2 Vesey, sr., 23; Russell v. Russell, 1 Molloy, 525, and in 12 Eng. Oh. R.,…
1Opinion of the Court
Sihrall, J.:
Sarah L. A. Duncan, a minor, by her guardian, C. G. Mitchell, filed a bill in chancery, against E. C. J ones ancl his wards, Thos. H. and Nancy I. Duncan, for an account of the rents and profits of certain lands, which were in his exclusive possession, as such guardian, ancl which lands descended from their father to the said three minors, in equal parts. The bill averred that the personal estate of these children had been wasted, ancl that the only means of support of his ward,-Sarah A. Duncan, was her third interest in these lands ; that it was to the interest of all the…
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