Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1837-01-24
MES j. GRAVES EBs3oR,

md AppentS,7 GettUeTRd 0y MS Ron
roTEswoRTH p SMITH, at he Janssarl
Tern 1887, III he canse I Frencil
Eg1.a,a, i wv D0ydsn on 6ppca
ron iEe Superior Conf; IF Chdncery.
In the case before US, the first question
ich we deem ii proper to examine
SEES upon the demurrer Of Gayden, The
PENDANT below, to those parts Of com
inants bill which seek to make himlia
as he aIledges in his demurrer, upor
bonds as guardian Of three Of the mi
i children Of Wiley Collins deceased
d also as security Of Berry Collins upon
II administration bond, ~
#Gayden, who is one Of the sureties o.
administrators Of Collins estate,
brly after the grant Of letters inter,
s rried with her and thus BECAME pos.
bsed as administrator in rIStltbf his
fe,ofthe wholaDpEoperty ~ lclep,
Int. ssis
IN 1918, as Il appears from the State.
fhts Of the bill, certain persons wA6 9si
lcd To- act BY virtue Of ansordeA The
phans Court Of Wilkinson colRl NJ r
cted to make division OIL he brsonal
operty Of the estate Of Collfap, which
llcpntinueda tered De hands
slle a1mjniSsgat0i a division
whole pFopuS Was lfibuted into
y parts, onepf which, Accounting in val
ID One third Of the whaIe, was set aside
Gayden who claimed he same in right
his wife. The rslRAining four parts
ere assigned 10 theEfour surviving chill
en- Of the deeeased. But anterior to
81 event the, Gbnnty Of Amite had been
fnped which embraced the property and
e residence 81 all The parties. The pro-
krtyshad in fact been located, and all the
rties had 0oatinually resided at the
me place from the date of the grant Of
ministfation.
In the year following Gayden became,
the appointment of the Orphans Court
.Amite County, guardian of Mahala
llins now the wife of,Francis Wren, of
eatha Collins the wife of the complain
BIT Shropshire, and Of James L. Collins,
Sho died in the year 1924, unmarried and
fithout issue and executed bond as guar
ian Of each respectively.
Ii appears that the whole Of the proper
n which had been divided as before reci-
Ed, remained in the possession, and sub
kct 10 the controul, Of Gayden down to
1916. when he delivered to John Collins
BE share previously set apart for him at
be division, and that in the years 1919
And 1922 he delivered two more of the
.hares 1t further appears that the share,
) before ascertained of James l.. Collins,
kas delivered to him, but at what period
\ isenot stated.
4 The conplainants, in their bill charge
baud and wilfif neglect on the part of
Rayden ia the discharge of his duties as
kdministrtaAg, and pray that he may be
compelled WI account, as well as guardian
IF theparties before mentioned, as admin
|strator Of Wiley Collins estate. From
his reheatsal, il part of the facts stated
IL the bills II lisobvicus that, so far as Gay
FEN IA solghtsQ ba charged in his charac-
|er Of guardian there is no privity Of in
|sfest. tween the r0mplainants, or legal
leneD dai6e between the claims sought to
~ afl forced, or Gayden having execu-
Ia sbPaS Guardian bonds he cannot be
Pes PdfiSlbls 70 the wards jointly
biz lifies as, guardian to a portion of
The eonpsalhants are separate and indie
pendent Sand most Obviously so when pur-
sued intthe double capacity of guardian
md administrator. bin cannot Join a
demand fot y ebtduq bya an individual as
u executorswitlf one for debt due by
be Same .individualsin his private charac-
1Isl y GR. 204: It's a well understood
5etigs.a rule that courts of equity, as well
~ eepfts. law, will not take cognizance
lstlpet SEPARATE claims, or liabili-
Iies m dIiierel ersons in one suit; and
his tbs'ligl3kJl ssahd in the same rela-
i've sithpti0n, East 66 Rep. 80. In
HE Se HnueF cuhsider6 u ghe relation
,f Guardian and MI ddcs hl IsIIsist be.
tweds TIE d Belize offb6 eSsons
|oinedas cpmplaiy ~ The bill, The
1enauffhEi herefoI N haze been sOas
famed, nt least n cnIG Ak IFGher
examination ini q Ing hllegaA ions and pray
Dr. ofethe bin enable us u End M
'ent, The des frer is applied u 1IIcl
1f the bill ms seeks to make the Silds