98 So. 886 | Ala. | 1924
The widow of W. A. Jordan, deceased, and his minor daughter, who sued by her guardian and next friend, her mother, filed this bill for a sale of all the lands which had been owned by deceased — who died intestate — including the homestead which had been set apart to complainants. So far as concerned the interest of the minor in the homestead and in the other lands which had belonged to deceased, the prayer was for a sale for reinvestment. No party defendant was named in the bill. Appellant was appointed guardian ad litem, but did not answer the bill, nor does the record show that any defense was attempted. However, the guardian ad litem has appealed.
An infant, properly represented, may be a party either complainant or defendant to a bill for partition. But partition is an adversary proceeding. McMath v. DeBardelaben,
Appeal dismissed.
ANDERSON, C. J., and GARDNER and MILLER, JJ., concur. *603