Wells v. Smith
Mississippi Supreme Court
Appeal from the probate court of Panola county. Simmons, J.: Appellees assign the following causes of error : 1st. Emma, one of the defendants below, being a minor, was not properly in court when the decree was rendered against her. 2d. The decree was taken against said Emma at the return term, and the same term at which her answer was hied ; the cause not having been at issue hve months. 3d.
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Appeal from the probate court of Panola county. Simmons, J.: Appellees assign the following causes of error : 1st. Emma, one of the defendants below, being a minor, was not properly in court when the decree was rendered against her. 2d. The decree was taken against said Emma at the return term, and the same term at which her answer was hied ; the cause not having been at issue hve months. 3d. The decree was taken without any proof or evidence to sustain the allegations of the hill. 4th. The cause originated in the probate court, and the decree undertakes to marshal assets and distribute them…
1Opinion of the Court
SlMRALL, J.:
Application was made to the probate court of Panola county, by Isaac Smith, administrator of the goods, etc., of R. S. Wells, deceased, to sell land, on the suggestion of the insolvency of the estate, 'and for the appropriation of the proceeds to his debt. The- cause is brought to this court to review the decree of the probate court, directing a sale.
Several errors are assigned: 1st. That Emma Wells, 'one of the children and heirs of the intestate, being a minor, was not properly in court. Affidavit was made that the minor, was not properly in court. Affidavit was made that the…
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