Mullins v. Sparks
Mississippi Supreme Court
Error to the chancery court of Lee county. Lovering, J. The plaintiffs in error assign the following causes of error: 1st. Want of proper service of subpoena on T. F. Gullett. 2d. Want of service of process on Nancy E. McWilliam, B. F. McWilliam, Nebraska McWilliam, Indiana McWilliam, Laura McWilliam, and Lenora McWilliam, minors. 3d. The court erred in appointing a guardian ad litem, without service. 4th.
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Error to the chancery court of Lee county. Lovering, J. The plaintiffs in error assign the following causes of error: 1st. Want of proper service of subpoena on T. F. Gullett. 2d. Want of service of process on Nancy E. McWilliam, B. F. McWilliam, Nebraska McWilliam, Indiana McWilliam, Laura McWilliam, and Lenora McWilliam, minors. 3d. The court erred in appointing a guardian ad litem, without service. 4th. The court erred in rendering final decree against the minors without proof. 5th. The court erred in renderingdecree^w confesso,and final decree against T. F. Gullett, without proper service…
1Opinion of the Court
Simrall, J.:
John B. Sparks, executor, etc., exhibited his bill in the chancery court of Lee county, against the plaintiffs in error, defendants below, to enforce and foreclose a lien on certain parcels of land sold and conveyed on the 24th day of December, A. D. 1859, to one Wynn Mullins, who immediately went into possession. The bill alleges that some short time afterwards said Wynn Mullins sold and conveyed the land to James E. McWilliam. That said McWilliam after his purchase, and whilst in possession, departed this life, leaving surviving him the following children his heirs at law, viz:…
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