Erwin v. Carson
Mississippi Supreme Court
Appeal from the Chancery Court of Washington County. Hon. J. S. Yerg-eb, Chancellor. This bill in chancery, to foreclose a mortgage, filed by Anderson Carson, administrator of the mortgagee, against certain adult defendants, and Bettie Erwin, a minor, heirs-at-law of the mortgagor, did not state whether the infant defendant had a father, mother or guardian.
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Appeal from the Chancery Court of Washington County. Hon. J. S. Yerg-eb, Chancellor. This bill in chancery, to foreclose a mortgage, filed by Anderson Carson, administrator of the mortgagee, against certain adult defendants, and Bettie Erwin, a minor, heirs-at-law of the mortgagor, did not state whether the infant defendant had a father, mother or guardian. On the summons, in which Bettie Erwin is simply named as one of the defendants, and,not described as an infant, the sheriff made this return: “ Executed by reading the within subpoena personally to the within-named Junius L. Johnson,” &c.…
1Opinion of the CourtCampbell, J.
It is conceded that the return of the sheriff on the summons for the infant defendant does not show that it was served on the father, mother or guardian of such infant, or that she had none in this State, and that, according to Ingersoll v. Ingersoll, 42 Miss. 155, the Chancery Court could not, upon such a return, appoint a guardian ad litem, except on the application of the infant; but the rule announced in the case mentioned has been criticised by counsel for the appellee as unsound, and we are asked to decline to follow it, and to overrule it.
Under the statute regulating the manner in…
2Cases cited1 opinion
- Ingersoll v. IngersollMississippi Supreme Court · 1868
3Cited by5 opinions
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- Burrus v. BurrusMississippi Supreme Court · 1878