Muller v. Struppmann

This court, as a court of equity, has no inherent original authority to order the sale of the real estate of infants. It proceeds, on the other hand, by virtue alone of statutory power, and consequently when a departure is made from that authority the court proceeds without jurisdiction, and the acts performed are necessarily void. That principle has been applied and acted upon when adjudications dependent for them validity upon the observance of other statutory regulations have been brought in question (Bullymore agt. Cooper, 46 N. Y, 236.) Proceedings of this general nature have often been…