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1 Miss. Dec. 357

Burrell v. Anderson

Mississippi Supreme Court

Decided January 19, 1885

Mississippi Supreme Court · decided 1885-01-19

Tbis action was begun in the Chancery Court of Panola county by the administrator of the estate of IT. B. Burrell, deceased, against the heirs, a widow and ten children, to condemn the sale of certain real estate described in the petition, belonging to the estate. There were debts outstanding against deceased amounting to $303.87, which had been duly proved and filed with the administrator.

Relies on Dickman v. Williams · Griswold v. Simmons

Affirmed, · Decided 1885-01-19

¶1Opinion.

Per Curiam:

¶2It sufficiently appears by the record that the court obtained jurisdiction over the infant defendants.

¶3The order appointing the guardian ad litem recited that it was made to appear to the court that the infants had no guardian, The proceedings were instituted by the administrator of the father and the petition states that the decedent left a widow and ten children surviving him. The reasonable inference is that this widow was the mother of the infants, or that their mother was dead.

¶4The publication for the nonresident defendant was sufficient. The law fixed the place at which the Chancery Court of Panola •county should be held at the time named in the notice.

¶5On the facts shown there was no error in the action of the *364chancellor in dealing with tbe land as if the east half thereof constituted the homestead, and in selling the other half for the payment of debts.

¶6The writ of assistance was properly granted. Griswold v. Simmons, 50 Miss. 123; Jones v. Harper, 50 Miss. 500.

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