Evans v. Ellis
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. . The respondent, .Mrs. .Ellis, was one of several heirs of William Messerve, who died leaving real estate, her share of which was worth about $2500. A bill for a partition between the heirs, was filed by her husband and herself, before the vice chancellor of the first circuit.
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Appeal from chancery. . The respondent, .Mrs. .Ellis, was one of several heirs of William Messerve, who died leaving real estate, her share of which was worth about $2500. A bill for a partition between the heirs, was filed by her husband and herself, before the vice chancellor of the first circuit. John T. Duryee. commenced .the suit as their solicitor, and conducted it for sometime, when another person was substituted as splicitor A decree was obtained that the premises be sold, and the proceeds be divided among the heirs. Pending the suit, Duryee who it appeared was irresponsible, obtained…
1Opinion of the Court
Spencer, Senator;
Instead of pursuing the obvious method of testing the validity of the mortgage held by him, Éváns, a stranger to the partition suit, applies after decree to have the proceeds of the sale belonging to Ellis and his wife, paid over to him. Upon this irregular, if not void proceeding, the question has been litigated and a decide pronounced, from which ah appeal was taken to the chancellor, who reversed it upon the merits, remarking that it was unnecessary to inquire whether the vice chancellor had jurisdiction upon the mere petition of one, not a party to the suit, to interfere…
2Cited by31 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Kisling v. ShawCalifornia Supreme Court · 1867
- Thomas v. Turner's Adm'rSupreme Court of Virginia · 1890
- In re MerrillAppellate Division of the Supreme Court of the State of New York · 1926
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