Banta's Heirs v. Calhoon

Judge Owsley

delivered the opinion of the court.*

This is a contest for land under adverse interfering claims.

Calhoon, the complainant in the court below, having ob*167tained a decree, Banta. &c. brought the case to this court; and because Darland, who answered as guardian for Tiny Banta, an infant heir, appeared not to have been appointed guardian ad litem by the court, the decree of that court was reversed.

Before appointing a guardian to defend for an infant, it is not necessary to bring the infant before the court.

Upon the return of the cause to the court below, an order was made assigning…