The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-04-02
SUPREME COURT DECISIONS.
aoronEE rERsI, Isss.-
Rspor,.d for The Clarion, BY Robert SHOWER
AtssrasrsiLa~, Jackson, Miss
SAUNDERS, ct al I
VS.. I

SAUNDERS, et Al
VS..
MITCHELL, etal.
Appeal from the Circuit Court OF Acorn
County. Hon. J. w Buchanan, Judge
W I, Duncan was, on the 18th day. oil
usrch. 1866, by the probate court Of 1 Ism n
- moo county adjudicated insane, ana l.
n nnncan was appointed his guarulan'
Ctaro we're at this time numerous suits
a.sl;ng AGAINST w. l.. Duncan IN the CIR
-. court Of that county to which suns
n n Duncan, the guardian, was oy SC, "a
m.Ja : party and judgments were taken
against him as such guardian Tor w; L.
n,,,car. Execution issued upon these
ioJ.,ments and were levied upon t9e
!nro1ertv involved in this suit A. D.
| h;Iworth purchased at the execution
sale and went into possession. In 100
he conveyed To the appeliees, , MY
/ are now in possession, In March, !ooo,
| " l.. Duncan upon his voluntary pe'itioh
was by the T. S. district court seltlns ~
bankruptcy at Oxford adiHdicated a oaIN-
rupt and an assignee in bankruptcy tGilie-
waters was duly appointed w l.: Du
can in his schedule OF assets nleu III t"'
bankrupt court, did not include the prop
erty involved in his suit. In 1867 W. l.
D,ncan oltained a final discharge in
h,nkruptcy and dying in 1876, his helrS
At law fthe appellants) brought this sun
in 1882, in eiectment against the aPP,'''eS
the vendees Of Dilworth.
| c. E. Stanley and Hanston 4 Reynolds
for appellants.
Green & Boone and Whitfield & Young
contra.
COOPER, j.,
He'd
The sale of the lands Of the Innate
undar an execution issued on judgmen
against his guardian, was a nuliity' ah'
| he purchaser acquired no title. After TN
annointment by the probate court OF 1
i guardian, the statute required that tn
lands of the lunatic should be sold Tor tn
payment of his debts, contracted when h
4 was of sound mind in the same manner q
Y sales of lands Of decedent were requires
d to be made for the payment OF his den'
o and such sales could only be made D.
= order OF the probate court, Code 1851, pE
: 345, 446, 400.
> 2. Notwithstanding the appointment b
q the probate court of guardian II wa
Il within the power of the bankrupt couI
y to make an adjudication of bankruptcy Q
!. the petition of the lunatic, Tor though \
NAV have been adiudicated lunatic,
il NAV be he may have recovered or ha
;, Iucid intervals. By the decree on tn
u inouisilion Of lunacy against Duncan,
II was concIusively settled that he was II
r. matte at the time of the decree, but ne
" that he always would be.
&c 8. Tie bankrupt court was court
1t record, and DEGREES of such courts cann'
d be coIlaterally attacked by showing tn:
yt a party pIaint't Fl or defendant was a lnn'
il tic at the time OF its rendition.
" 4. 1.-THE bankrupt was a lunatic at II
is date of the adjudication OF bankrupic.
r the bankrupt court proceeded in error
fact and the mistake should have bee
in pointed out by writ of error cordm nO5's,
pr 5. The title to the locus in quo passed
Of the assignee in bankruptcy by reason
e. the adjudication of bankruptcy, the al
il pointment of an assignee, and the conye.
r ance made by the register, MISUNDERSTANDING
rs the fact that the bankrupt did not incline
ID IL in his schedule of assests filed. Z /
u Bankrupt act, 1867
rs &. An assignee in bankruptcy does nj
u hold the property or title thereto persona
" ly but Is II mere officer OF the bankrul
Or court. Since the bankrupt law mskcs Z
nt provision for the reconv' vance by the II
n signee to the bankrupt there is a revert
ne by operation of law ri the title to the ban
he rupt, but such reversion ought not to
be presumed or found without clear and fu
ic proof If the complete execution OF The pa
il poses for which the property is held by Il
n assignee.
N Z The bankrupt not having include
the property involved in his schedule
no assets and it further appearing that the
il. tate surrendered by him was insufficient
", pay the costs of the bankrupt proctedin
III and the assignee and the creditors not ha
or ing any notice OF the claim OF the bankru
- upon this particular property, there h
of been no abandonment either by the crcdito
OF the bankrupt or the assignee in ban
IL ruptcy.
a, !. The appelltes may not be entitled
or retain the property but neither are the a
/. pellants entitled to recover it as heirs
law OF w. l.. Duncan. Affirmed.
ITO be reported.l