McClain v. Matthews

Opinion by

Judge Hines:

The administrators of J. LI. Matthews instituted a suit against his heirs and creditors to settle the estate, alleging insufficiency of personal assets and asking the sale of a certain piece of land to pay debts. The infant defendants were properly before the court and represented by guardian ad litem, who answered, but it appears that the attorney appointed for them as non-residents did not report.

To this petition William McClain answered, setting up the fact that he held a lien for purchase-money on the land sought to be sold, making his answer a cross-petition against…