Albright v. Flowers
Mississippi Supreme Court
Appeal from the Chancery Court of DeiSoto County. Hon. J. N. Campbell, Chancellor. The facts in this case appear in the .opinion of the court.
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Appeal from the Chancery Court of DeiSoto County. Hon. J. N. Campbell, Chancellor. The facts in this case appear in the .opinion of the court. It is assigned for error : 1. In proceeding in the case to a decree ordering a sale, before the Albright infants were before the court by process', served. 2. The parties defendant to the amended bill were not brought before the court by notice, process served, or publication made' and proved. 3. No guardian ad litem was appointed to answer the-amended bill but for one of the eight minors. 4. A decree of sale of the lands was taken against infants,,…
1Opinion of the CourtCampbell, J.
A bill was exhibited by some of the heirs of Henry Flowers, deceased, to obtain partition or sale of land descended from him. The proceeding is under chapter 26, of Code of 1871. The bill shows that one of the heirs of Henry Flowers had sold his interest in the land and convoyed it to Sophia Strickland. All parties shown by the bill to be interested wore brought in by service of process or publication. A decree was made appointing commissioners to make partition of the land as prayed for. These commissioners reported to the court the impossibility of making partition fairly and equally,…
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