When any such heir or devisee is a minor and has a guardian, the scire facias shall be served on the guardian and heir, but if the minor has no guardian, the court shall appoint one to defend the suit.
Code 1858, § 2260 (deriv. Acts 1784 (Oct.), ch. 11, § 3); Shan., § 3993; Code 1932, § 8205; T.C.A. (orig. ed.), § 30-613.
Compiler's Notes. This section may be affected by Civil Procedure Rule 4.04 as to personal service on minors and incompetents.
Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 860.