The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-01-21
as was required to be done. Rerersed
and remandcd.
W. r. Harper, for appellants.
j. l.. Harris, for the State.
w. T. BURRELL, EFT AL.

w. T. BURRELL, EFT AL,
ELMlRA ANDERSON, EFT AL
From the Chancery Court Of Pamela
County, lst Dist, ]. @. Hall, Chan
cellor.
Sale Of lands Of asceisat. lSerrioe Of
process on minors. Terms Of publication for
non-resideat. Writ Of a$Sistdnce
COOPER, j..
The administrator of Bdrrell, de
ceased, filed his petition to sell lands for
payment of debts. 1t recites that de-
cedent was the owner of loo acres of
land. On the east side were the build
ings, ETC., occupied by decedent as a
homestead. The petition also states that
deceased left widow and ten children.
Process was issued for the widow and
nine of the Children, who were residents
of the county, and publication made for
one child who was a nonresident. Two
of these resident children were infants
The return of the process showed service
| by handing true copy to the defend
| ant The point is raised that il does
1 OF appear that the court had jurisdic'
ton of the infants, because il is not
shown that the process was served as
| required by section 1880 of the Code
nor that the infants were without father
mother, etc. The publication for the
nonresident summoned him to appear
before the Chancery Court of Panels
county on the second Monday of May
l $50, but did not state where he was Il
appear. There are two districts il
Pamela county, and it is therefore con
|, tended that the publication was voc
for uncertainty. A final decree W.
entered, reciting that the east half u
the 100 acres was a homestead, anC
ordering a sale of the west half. which
was accordingly sold, and bought b.
appellee, who paid the purchase none.
and received deed from the adm his
traitor. Objection was made to TIE con
firmation of the sale; but the exceptio,
were overruled, and the sale was con
firmed. The purchaser then serve
appellants, who were in possession of til
land, with copy of the deed, and de
manded possession. 1t was refused, an
=, a writ of assistance was granted, whic
is assigned for error.
1t sufficiently appears by the recor
that the courto obtained jurisdiction owe
the infant defendants. The order az
E pointing the guardian ad Item recite
that it was made to appear to the coul
, that the infants had no guardian. Th
+ proceedings were instituted by the &C
D ministrator of the father, and the pet
T ton states that the decedent left
g widow and ten children surviving hin
The reasonable inference is that th
J widow was the mother of the infants, c
{ that their mother was dead.
l The publication fer tie non resider
o defendant WAS sufficient. The law tixe
|, the place at which the Chancery Coul
of Pamela county should be held at tn
time named in the MOTTO.
On the facts shown. there was no errC
d in the action of the chancellor in dealin
with the land as if the cast half thereC
, constituted the homestead, and in sci
: ing the other half for the payment {
d debts.
u The writ of assistance was properl
granted Gris,coH Us. Simmons, 30 Miss
( Jones rs. Hooper, 90 Miss. .1ltirmed.
w. d. Miller. for appellants.
+ ]. B. Boothe. for appellee.
= (Not to be reported.)