If, in any such action, the defendant is an infant, of unsound mind or otherwise incapacitated to take care of his or her right and estate, the court before which such action shall be pending shall appoint some discreet and disinterested person as guardian to defend the infant, person of unsound mind, or person otherwise incapacitated, against the action, and in case of judgment for partition, to attend to the partition to be made, and take charge of the interest of the person for whom he or she is appointed guardian.
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