
    Gardner versus the Heirs of Ellis.
    THIS was a scire facias against an infant who had no guardian, and was issued in order to subject the lands to a debt of the ancestor.
    An infant ought to have a guardian appointed by the proper court, before a scire facias issues.
   Moore, J.

The practice of appointing a guardian upon the return of a sci : fa: after service upon the infant, is liable to objection : for as such guardian gives no security, the infant may lose a remedy against him, if he mismanages the defence. We will, However, appoint a guardian for this defence ; but it is proper to take notice, that hereafter, applications should be made to the proper court, for the appointment of guardians, before the fci: fa: issues.  