Johnson v. Thomas
New York Court of Chancery
The complainant in this cause filed her bill to recover dower in certain real estate of which her husband was seised during his life time. During her coverture, she, in conjunction with her husband, mortgaged the premises to B. Walker, which mortgage still remains unsatisfied in the hands of Walker’s executors and trustees, under whom the defendant is in possession.
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The complainant in this cause filed her bill to recover dower in certain real estate of which her husband was seised during his life time. During her coverture, she, in conjunction with her husband, mortgaged the premises to B. Walker, which mortgage still remains unsatisfied in the hands of Walker’s executors and trustees, under whom the defendant is in possession. The premises were also sold on a judgment against the husband, in his life time, and were purchased at such sale by Walker. This interest likewise passed to Walker’s executors and trustees under his will. A cross-bill was also…
1Opinion of the Court
The Chancellor.
I think it would be carrying the principle too far to permit this cause to be argued before the present chancellor, without revival, and then to enter a decree nunc pro tunc, as at the time when it was argued before his predecessor. If the executor has the right to revive, such a course is unnecessary; and if the whole grounds of the suit have been removed by the death of the complainant, it would be against the settled practice of the court to hear an argument of the original merits of the cause, merely for the purpose of determining a question of costs between the parties.…
2Cited by4 opinions
- Kyle v. . KyleNew York Court of Appeals · 1876
- Turney v. SmithIllinois Supreme Court · 1852
- Pollitt v. KerrNew Jersey Court of Chancery · 1891
- Armstrong v. Trustees of Union CollegeAppellate Division of the Supreme Court of the State of New York · 1900