Sledge v. Boone
Mississippi Supreme Court
Appeal from the Chancery Court of Panola County. Hon. J. B. Morgan, Chancellor. The appellee, Anna Boone, a minor, with her husband, filed this bill against her guardian, the appellant, to review and vacate the decree confirming his final settlement, for error apparent on the record, alleging that, having received ten thousand dollars from her father’s estate, the income of which was sufficient to support her, the guardian spent half the principal in two years without order…
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Appeal from the Chancery Court of Panola County. Hon. J. B. Morgan, Chancellor. The appellee, Anna Boone, a minor, with her husband, filed this bill against her guardian, the appellant, to review and vacate the decree confirming his final settlement, for error apparent on the record, alleging that, having received ten thousand dollars from her father’s estate, the income of which was sufficient to support her, the guardian spent half the principal in two years without order of court, that, soon after her marriage, he made out an erroneous account and induced her, in reliance on his honesty as…
1Opinion of the CourtCampbell, J.
By Code 1871, § 1265, no decree affecting the interest of a minor is conclusive until one year after the minor shall attain full age. This is an extension of the established rule of Chancery Courts in certain decrees against infants, before the statute. It is the doctrine of the authorities that *225where an improper decree has been made against an infant, it may be impeached by original bill, and that the infant need not wait until attaining full age, but may apply to open the decree as soon as he thinks fit. Story Eq. Pl. § 427; 1 Dan. Ch. Prae. 153, 167, 168; Bennet v. Lee, 2 Atk. 487; s. c.…
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