Sherman v. . Wright
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment at Special Term, dismissing plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment at Special Term, dismissing plaintiff’s complaint. The action was brought to restrain proceedings instituted under the statute by defendant, as guardian of Franklin W. Lowerre, an infant, to remove plaintiff from premises of the infant, and to compel defendant to ratify a lease claimed to have been executed by one Pearsall Wright, who assumed to act as guardian for said infant. A preliminary injunction was obtained, which was vacated on motion. The complaint alleged in…
1Opinion of the CourtAllen, J.
The plaintiff invokes the equitable powers of the court in hostility to the legal title and the right at law of an infant, and to compel the specific performance of an alleged lease or an agreement for a lease of real estate made by one assuming to act as guardian, but who was not the guardian in fact of the infant for a term of several years, and until the latter shall attain his majority. The plaintiff concedes that his legal title is defective, and that he cannot defend his possession at law. By his action he also admits the character of, the defendant, and that he is the legally…
2Cited by20 opinions
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- Barrett v. MinerNew York Supreme Court · 1922
- Bettcher v. KnappSupreme Court of New Jersey · 1923
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