delivered the opinion of the court.

It appears that two of the defendants to the issue tried in the court below, were infants, and were not represented by their guardians, but appeared only by attorney. This was error: an infant defendant can appear only by a guardian. Shaefer v. Cates, 2 B. Monroe, 458; Cook v. Tatton, 6 Dana, 108.

Decree of the Probate Court reversed, and cause remanded to that court;