In re Giles
New York Court of Chancery
Upon the petition of G. Willoughby, a commission of lunacy was issued in this case, and J. Giles was found to be a lunatic.
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Upon the petition of G. Willoughby, a commission of lunacy was issued in this case, and J. Giles was found to be a lunatic. An application was afterwards made to traverse the inquisition, and a feigned issue was awarded upon condition that J. G. Reynolds, whose bargain with the lunatic, in relation to a sale of his real estate, was overreached by the inquisition, should become a party to such issue; and should give security to abide the further order of the court in relation to the same, and to his alleged dealings with the lunatic. An i^sue was framed and a bond given accordingly; but,…
1Opinion of the Court
The Chancellor.
The court having awarded an issue in this case, upon such terms and conditions as the chancellor thought proper and necessary, not only to protect Reynolds, whose contract with the lunatic was overreached by the inquisition, but also to protect the estate of the lunatic from the expense of further litigation in respect to such contract if the inquisition should be sustained, it was not competent for the parties, by stipulation, to discharge that order of the court. The stipulation, which was wholly unauthorized, must therefore be set aside; unless Reynolds, whose dealings with…
2Cited by2 opinions
- Wadsworth v. . Sharpsteen and MoffatNew York Court of Appeals · 1853
- In re OwensNew York Court of Common Pleas · 1892