Rule v. Broach
Mississippi Supreme Court
Error to the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. .In 1855, Lewis H. Bryant, being seized and possessed of certain lands, died, leaving a widow and several minor children.
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Error to the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. .In 1855, Lewis H. Bryant, being seized and possessed of certain lands, died, leaving a widow and several minor children. In February, 1857, David F. Dickson, as guardian of two of the minor heirs, Elizabeth J. and Emily J. Bryant, filed in the Probate Court a petition for the sale of the lands belonging to the estate of the decedent, for the purpose of having a distribution of the proceeds of sale, on the ground that the lands could not be divided in kind without a serious loss to the heirs. The administrator, widow,…
1Opinion of the CourtCampbell, J.
The decree of the Probate Court, made in May, 1857, for the sale of the land, was void as to Elizabeth and Emily Bryant, the wards of Dickson, on whose application the sale was ordered without citing them to appear. The thirteenth section of “ An act to amend the probate laws of the State, and for other purposes,” approved March 1, 1854 (Sess. Acts, p. 65), required “ all persons interested, residing in the State, * * * to be cited,” etc., when such an application was made.
The learned judge below rightly concluded that Burrus v. Burrus, 56 Miss. 92, had reference solely to the provisions of…
2Cases cited3 opinions
- Hamilton v. LockhartMississippi Supreme Court · 1867
- Burrus v. BurrusMississippi Supreme Court · 1878
- Johnson v. CooperMississippi Supreme Court · 1879
3Cited by3 opinions
- Moore v. SummervilleMississippi Supreme Court · 1902
- Griggs v. GriggsMississippi Supreme Court · 1953
- Wirtz v. GordonMississippi Supreme Court · 1938