Rogers v. . McLean

Leonard, J. (dissenting).

The court below have held in this case that a lunatic defendant can voluntarily appear, and that a guardian ad litem may be appointed for him by the court, in an action for the partition of land situated in this State, in which the lunatic owns an interest, on the petition of a general guardian appointed by a court in another State, with whom the lunatic resides, without any service of the summons, either personally or by publication.

At the "sale of the premises under the decree in partition, they were bid off by Joseph Biehardson for the price of $80,250.

After an…