Gordon v. Gordon
Supreme Court of New Hampshire
In equity. The bill is brought by Ida M. Gordon and Ruth 0. Gordon, children and only heirs of Henry L. Gordon deceased, — the latter being a minor, and appearing by her guardian, Daniel A. Tilton,— against William Gordon, and the executrix and heirs at law of William W. George.
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In equity. The bill is brought by Ida M. Gordon and Ruth 0. Gordon, children and only heirs of Henry L. Gordon deceased, — the latter being a minor, and appearing by her guardian, Daniel A. Tilton,— against William Gordon, and the executrix and heirs at law of William W. George. It alleges that H. L. Gordon died about November 15, 1865, seized of certain described real estate ; that Edwin F. Bailey was appointed administrator November 23,1865 ; that the personal estate which came to his hands amounted to $16,926.63, and that the debts existing against the estate were less than $100 ; that…
1Opinion of the Court
Collateral impeachment of fraudulent, judgment. I am of opinion that the demurrer must be sustained. The decree sought to be impeached partakes much of the nature of a judgment in rem. It is the judgment of a court having absolute and exclusive jurisdiction of the subject-matter. Gen[.] Stats., ch. 182, sec. 1. Its primary effect was to fix the status of the land: persons were only incidentally interested in it, according to their respective rights. The matter is not before us as the appellate court of probate. The attempt is to impeach the decree collaterally in an independent proceeding,…
2Cases cited5 opinions
- King v. ChaseSuperior Court of New Hampshire · 1844
- Adams v. AdamsSupreme Court of New Hampshire · 1872
- Demerit v. LyfordSuperior Court of New Hampshire · 1853
- Hall v. WoodmanSupreme Court of New Hampshire · 1870
- Tebbetts v. TiltonSuperior Court of New Hampshire · 1855
3Cited by4 opinions
- Atlantic Restaurant Management Corp. v. MunroSupreme Court of New Hampshire · 1988
- Judge of Probate v. LeeSupreme Court of New Hampshire · 1903
- Spofford v. SmithSupreme Court of New Hampshire · 1879
- Gordon v. GordonSupreme Court of New Hampshire · 1875