Matthews v. Dodd
Court of Chancery of Delaware
Bill for an injunction to restrain proceedings AT LAW. — The bill alleged that, on the 19th of September, 1837, in the Orphans’ Court, at Georgetown, on the petition of Stephen H. Gordy, an order was made by the Orphans’ Court, for the partition of the lands of Aaron Gordy Sr., deceased, and for the assignment of dower therein to Sally Gordy, his widow.
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Bill for an injunction to restrain proceedings AT LAW. — The bill alleged that, on the 19th of September, 1837, in the Orphans’ Court, at Georgetown, on the petition of Stephen H. Gordy, an order was made by the Orphans’ Court, for the partition of the lands of Aaron Gordy Sr., deceased, and for the assignment of dower therein to Sally Gordy, his widow. Aaron Gordy Sr. left a widow and nine children as heirs at law, Stephen H., Burton H., Aaron W., John, Péter B., (a defendant,) Jackson, Cyrus, Eleanor, (wife of Daniel Dexter,) who died, leaving, as heirs at law, two sons, and Temperance,…
1Opinion of the Court
The Chancellor :—
I feel much doubt, whether it is a case for equitable relief, the defense to the scire facias being of a legal nature, it being before judgment, so that the defendants have opportunity to make it, with power to examine the plaintiffs in' the scire facias, and Gordy at the trial, with as much effect, so far as I can see, as by answer in equity. But not being willing to decide such a question without examination, for which there is not sufficient time before *162a trial would be reached, I have concluded to order the injunction so that the question may be deliberately considered.
Wri…
2Cited by2 opinions
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