Williamson v. Warren
Mississippi Supreme Court
Appeal from.tbe Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. Jesse Warren, the appellee, as guardian, obtained an order of the Chancery Court, on February 1, 1872, authorizing and directing him to sell certain lands belonging to his wards. He sold the land on April 6,1872, to Joshua Williamson, now deceased, but who was then the husband of the appellant M. A. Williamson, and the father of the other appellants.
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Appeal from.tbe Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. Jesse Warren, the appellee, as guardian, obtained an order of the Chancery Court, on February 1, 1872, authorizing and directing him to sell certain lands belonging to his wards. He sold the land on April 6,1872, to Joshua Williamson, now deceased, but who was then the husband of the appellant M. A. Williamson, and the father of the other appellants. Only ¡a part of the purchase-money was paid at the time of the sale, and the purchaser having failed to pay the balance when due, Warren, as guardian, filed his…
1Opinion of the CourtCampbell, J.
The demurrer to the cross-bill was properly sustained.
It is not necessary to the valid exercise of the power of the-Chancery Court to decree a sale of the land of a ward on the-petition of his -guardian', under section 1221 (erroneously *202■printed, section 1121) of the Code, that the petition should be verified by the oath of the guardian. The petition “ is but an incipient step ” towards bringing the matter before the •court. It is the means of procuring proper process, and of presenting the particular ground on which a decree of sale is asked. “ The essential thing in giving the court…
2Cases cited2 opinions
- Johnson v. JonesMississippi Supreme Court · 1876
- Eldridge v. McMackinMississippi Supreme Court · 1859
3Cited by1 opinion
- Darby v. ArringtonMississippi Supreme Court · 1942