Horne v. Tartt
Mississippi Supreme Court
Horne v. Tartt, 76 Miss. 304 (Miss. 1898)
Whitfield
Horne v. Tartt
Opinion of the Court
delivered the opinion of the court.
Gillespie v. Hauenstein, 72 Miss., 838; and § 2353, code of 1892, control the case. See also other authorities in brief of •counsel for appellee.
Affirmed.
Reference
- Full Case Name
- John H. Horne v. Elnathan Tartt
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Chancery Court. Suit on guardian’s bond. Heirs of deceased surety. Parties. The heirs of a deceased, surety on a guardian’s bond and those holding under them the property of the decedent, are proper parties to the ward’s suit in equity upon the bond to subject the property, where the estate of the deceased has been finally administered and distributed. 2. Same. Nonjoinder of others. Code 1892, $ 2352. In such a suit the nonjoinder of the other sureties on the bond, or the principal or his legal representative, is not cause for demurrer.