Morton v. Carroll
Morton v. Carroll
Opinion of the Court
delivered the opinion of the court.
The 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.
The 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.
Whether the decree required ten or thirty days’ notice of the sale is immaterial, as thirty days’ notice was given.
Any 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
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.