Fitzpatrick v. Beal
Mississippi Supreme Court
Appeal from the Chancery Court of Coahoma County. Hon. W. G. Phelps, Chancellor. On the 16th of November, 1880, T. J. Beal, as guardian of James and Susan E. Gates, minors, filed a petition in the chancery court stating that his wards were the only heirs of Sarah E. Gates, who died intestate; that as such heirs they own an undivided two-fourths interest in certain described lands, the other two-fourths belonging to C. L. Jones, L. A. Fitzpatrick, and A. S. Dickson ; and “…
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Appeal from the Chancery Court of Coahoma County. Hon. W. G. Phelps, Chancellor. On the 16th of November, 1880, T. J. Beal, as guardian of James and Susan E. Gates, minors, filed a petition in the chancery court stating that his wards were the only heirs of Sarah E. Gates, who died intestate; that as such heirs they own an undivided two-fourths interest in certain described lands, the other two-fourths belonging to C. L. Jones, L. A. Fitzpatrick, and A. S. Dickson ; and “ that an equal division of the aforesaid real estate cannot conveniently be made, and petitioner (the uncle of his wards…
1Opinion of the CourtCampbell, C. J.
The sale is not maintainable. If made under § 2113 of the code it is void, because of the want of compliance with its requirement that “ a summons shall issue for at least three of the near relations of the minor, if there be any in the State.” Temple v. Hammock, 52 Miss. 360.
If made with reference to § 2114, it is void, because that applies only where land is held by the ward as heir or devisee jointly with .other heirs or devisees, who must be summoned on the application *249of the guardian to sell for a separation of the interest of the minor from that of co-heirs or co-devisees.
This land had…
2Cases cited2 opinions
- Temple v. HammockMississippi Supreme Court · 1876
- Erwin v. CarsonMississippi Supreme Court · 1876
3Cited by2 opinions
- Schrader v. Texas Co.Mississippi Supreme Court · 1951
- Schrader v. Texas Co.Mississippi Supreme Court · 1951