
    April 10.
    WILLIAMS' Heirs vs. WILLIAMS' Heirs.
    
      jyr-t oj- error Qn an mrj ./r cj-Livingston county court.
    
      Clay for the plaintiff in error.
    1. An order of the county court appointing commissioned to divide the lands descended to heirs, ought to state that it was made on.the application of the heirs or some of them.
    
    2. If it does not, the order and, every thing done in pursiiance of it, will be void.
    3. In summary proceedings, it is essential that the record should shew the existence of the facts which give to the court a right to exercise jurisdiction of the case.
    
   Opinion os the Court.

THIS is a writ of error to an order of the county court of Livingston county appointing commissioners to divide the larJds of Henry Williams, dec’d. amongst his heirs.

The order is radically and essentially defective, in not statiiig that it was made on the application of the heirs or some one of them; for it is only where the application is thus made that the law authorizes the county court to make partition of the lands of an intestate, and in summary proceedings of this sort, it is essentially necessary that the record should shew the existence of' the facts which give to the court a right to exercise jurisdiction of the case. 2 Dig. Stat. 836.

The order appointing commissioners, and all the proceedings consequent thereon, must be reversed, annulled and set aside.

The plaintiffs must recover their costs.  