Burrus v. Burrus
Mississippi Supreme Court
Appeal from the Probate Court of Yazoo County. Hon. R..B. Mayes, Judge. In August, 1867, the Probate Court of Yazoo County rendered a decree declaring the estate of James R. Burrus, deceased, insolvent, and authorizing the executor to sell the lands of the decedent to pay his debts.
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Appeal from the Probate Court of Yazoo County. Hon. R..B. Mayes, Judge. In August, 1867, the Probate Court of Yazoo County rendered a decree declaring the estate of James R. Burrus, deceased, insolvent, and authorizing the executor to sell the lands of the decedent to pay his debts. From that decree the heirs of Burrus took an appeal, in October, 1877. The other facts necessary to be stated will be found in the opinion of the court. 1. The sheriff’s return shows that the summons was not properly served on the appellants. There is no law for executing process by simply reading it. The return…
1DissentChalmers, J.
The opinion of the majority of the court makes all proceedings in the Probate Court ex parte in so far as they affect the rights of minors. If the minors have guardians, their guardians are to be summoned, unless they be personally interested. If they have no guardians, or their guardians are personally interested, then there is service of process upon nobody, — save, perhaps, upon that man of straw, a guardian ad litem.- It follows that, whether the proceeding be to sell the minor’s own *106land, or to condemn that of his father; whether it be to render a judgment in personam against him on…
2Cases cited3 opinions
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