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68 Miss. 699

Morton v. Carroll

Mississippi Supreme Court

Decided April 15, 1891

Mississippi Supreme Court · decided 1891-04-15

From: the circuit court of Lee county. HoN. Lock E. HoustoN, Judge. The appellants brought this action of ejectment in January, 1890, against appellee to recover a certain lot in the town of Tupelo. Plaintiffs claim as children and sole heirs of William K,. Coleman, Avho died in 1869 seized and possessed of the lot.

Cited by 2 later decisions — most recently January 1994

2 state decisions

Relies on Vanderburg v. Williamson · Stampley v. King

Good law ✅— No negative treatment on recordhow we know

Decided 1891-04-15

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Campbell, C. J.,

¶1delivered the opinion of the court.

¶2The sale of the lot in controversy by order of the probate court was valid, and passed the title of the plaintiffs, heirs of Coleman. Process for the minors in the proceeding for the decree of sale was not necessary. Code of 1857, p. 463, art. 151; Stampley v. King, 51 Miss. 728; Burrus v. Burrus, 56 Ib. 92.

¶3The law did not require a bond to be given by the guardian, code of 1857, 463, art. 151; and the court did not require one, and therefore none was necessary. Vanderberg v. Williamson, 52 Miss. 233.

¶4Whether the decree required ten or thirty days’ notice of the sale is immaterial, as thirty days’ notice was given.

¶5Any complaint of the way in which the widow’s claim of dower in the land was sold, and the division between her and the plain*703tiffs of the price for which the lot sold, is not involved in this case. The decree of sale being valid, and the sale having been confirmed, no question of mere error or not can. now be litigated collaterally. Notwithstanding errors in the trial, the result is right, and the judgment will be

¶6Affirmed.

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