Billups v. Brander
Billups v. Brander
Opinion of the Court
delivered the opinion of the court.
This is an appeal from a decree of sale rendered in proceedings of insolvency instituted under art. 98, pp. 448, 449, of the Code of 1857.
The article declares that “if any of the distributees or devisees be infants, the process shall be served upon their guardian ; and if no guardian has been appointed, the court shall appoint a guardian ad litem, who shall attend to the interests of the infants.”
Art. 32, p. 431, declares that “ no decree shall bind or conclude a minor having a guardian resident in this State, unless
It will be borne in mind that this is an appeal from the decree of sale, and not an attack upon a title acquired under the sale.
Reversed.
Reference
- Full Case Name
- Jacob P. Billups, by Next Friend v. J. B. Brander, Administrator
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Chancery. Decree in insolvent estate. Minors. Citation. Code of 1857. Art. 98, pp. 448, 449, of the Code of 1857, in relation to proceedings for the sale of property of insolvent estates, provided that, “if any of the distributees or devisees be infants, the process shall be served upon their guardian; and if no guardian has been appointed, the court shall appoint a guardian ad litem, who shall attend to the interests of the infants.” Art. 32, p. 431, of same Code declared that “no decree shall bind or conclude a minor having a guardian resident in this State, unless the guardian shall be served with process. If the guardian be a non-resident, he must be cited .by publication.” Under these provisions, it was not sufficient for the petition in such proceedings to allege, where there were minor heirs or devisees, that it was not known, whether they had a guardian; and a decree of sale rendered therein will be reversed on appeal, if the guardian was not cited, unless it affirmatively appear that there was none, or that he was personally interested.