
    Ivey et al. vs. Ingram et al.
    
    Guardian ad litem. Sale of Inf ant's Land. When void. A guardian ad litem, cannot be appointed, or answer for minors, until process has been served upon them. A sale of their lands, under such circumstances, is not only voidable, but absolutely void, and the sale incapable of confirmation.
    EROM GIBSON.
    There was a decree in this cause in favor of complainants, at the-Term, 1866, Chancellor John Sum-mees, presiding. Respondents appealed.
    Thomas J. Ereeman, for complainants.
    Robt. Caldwell, CaRTHEll & Hill, for respondents.
   Hawkins, J.,

delivered the opinion of the Court.

There is no error in the decree of the Chancellor, and it will he affirmed.

The fact, that process was not served upon the infant defendants, until after the appointment of a guardian, ad litem, and after he had filed an answer on their behalf, renders the sale, not merely irregular and voidable, but absolutely void; and in such cases, sales are incapable of confirmation.

The cause will be remanded for an account, hut neither the infants or their lands, can he charged, or in any manner be held liable to the purchaser, on account of the payment made by the purchaser, in the note of Mrs. Ingram.  