Billups v. Brander
Mississippi Supreme Court
Appeal from the Chancery Court of Bolivar County. Hon. E. Stafford, Chancellor. J. B. Brander, as administrator of the estate of Jacob Phinizy, deceased, filed a petition to have the estate declared insolvent, and for a sale of the lands thereof. Citations were issued to Jacob P. Billups and his brothers and sisters, minor heirs and distributees of the decedent, and also to their father, and were served accordingly.
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Appeal from the Chancery Court of Bolivar County. Hon. E. Stafford, Chancellor. J. B. Brander, as administrator of the estate of Jacob Phinizy, deceased, filed a petition to have the estate declared insolvent, and for a sale of the lands thereof. Citations were issued to Jacob P. Billups and his brothers and sisters, minor heirs and distributees of the decedent, and also to their father, and were served accordingly. None of them appeared, and the court appointed a guardian ad litem for the minors, and he answered for them. A decree was then rendered declaring the] estate insolvent and…
1Opinion of the CourtChalmers, J.
This is an appeal from a decree of sale rendered in proceedings of insolvency instituted under art. 98, pp. 448, 449, of the Code of 1857.
The article declares that “if any of the distributees or devisees be infants, the process shall be served upon their guardian ; and if no guardian has been appointed, the court shall appoint a guardian ad litem, who shall attend to the interests of the infants.”
Art. 32, p. 431, declares that “ no decree shall bind or conclude a minor having a guardian resident in this State, unless *497the guardian shall be served with process. If the guardian be a…
2Cases cited3 opinions
- John A. Winston & Co. v. McLendonMississippi Supreme Court · 1870
- Erwin v. CarsonMississippi Supreme Court · 1876
- Wells v. SmithMississippi Supreme Court · 1870
3Cited by1 opinion
- Cocks v. SimmonsMississippi Supreme Court · 1879