Saunders v. Mitchell
Mississippi Supreme Court
Appeal from the Circuit Court of Alcorn County. Hon. J. W. Buchanan, Judge. On the 17th of March, 1866, W. L. Duncan was by the Probate Court of Tishomingo County adjudged to be insane, and T. D. Duncan appointed his guardian.
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Appeal from the Circuit Court of Alcorn County. Hon. J. W. Buchanan, Judge. On the 17th of March, 1866, W. L. Duncan was by the Probate Court of Tishomingo County adjudged to be insane, and T. D. Duncan appointed his guardian. At the time of the inquisition of lunacy there were pending against the said W. L. Duncan, in the circuit court of said county, several suits, to which the said T. D. Duncan, guardian, was made a party by scire facias, and in these, judgments for large amounts were entered in September, 1866, against T. D. Duncan, guardian, and upon the executions which followed, it…
1Opinion of the CourtCooper, J.
The sale of the land of the lunatic under an execution issued on a judgment against his guardian was a nullity and the purchaser acquired no title. After the appointment of a guardian by the probate court, the statute required that the lands of the lunatic should be sold for the payment of his debts, contracted when he was of sound mind, in the same manner as sales of land of a decedent were required to be made for the payment of his debts, and such sales could only be made by order of the probate court. Code of 1857, pages 465, 445, 446. Notwithstanding the áppointment of a guardian by the…
2Cases cited3 opinions
- Sheffield v. LoveringMassachusetts Supreme Judicial Court · 1815
- Steevens v. EarlesMichigan Supreme Court · 1872
- Jones v. Smith & Co.Supreme Court of Alabama · 1890
3Cited by7 opinions
- King v. RemingtonSupreme Court of Minnesota · 1886
- Gressly v. Hamilton CountySupreme Court of Iowa · 1907
- Laing v. FishAppellate Court of Illinois · 1905
- In re EvanishynCourt of Appeals for the Second Circuit · 1939
- Juden v. NebhamMississippi Supreme Court · 1912
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