Rogers v. McLean
New York Supreme Court
Appeal from an order made at special term, relieving Joseph Richardson from his purchase of certain premises sold under the judgment in partition in this action, on account of certain alleged irregularities in the proceedings.
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Appeal from an order made at special term, relieving Joseph Richardson from his purchase of certain premises sold under the judgment in partition in this action, on account of certain alleged irregularities in the proceedings. The principal irregularity complained of, and that on which the decision at special term turned, was, that jurisdiction was not obtained of the person of the defendant, Samuel Mitchell, who was alleged to be an infant idiot, or lunatic, of the age of twenty years. It did not appear that process was served upon him, but after the suit was commenced, which was in October,…
1Opinion of the Court
By the Court.—Hogeboom, J.—In
this case the purchaser asked to be relieved from his purchase of premises bought at a sale in partition, and the case comes up on the appeal of the plaintiff, from the order of the special term releasing him from his bid.
The principal defect or irregularity consists in the alleged *452want of jurisdiction of the court over the person of Samuel Mitchell, a supposed infant and idiot, or lunatic, by reason of which he is not bound by the proceedings and decree in this action.
The facts in regard to this party, on which this question arises are these.
This is a suit in…
2Cases cited3 opinions
- Wellington v. ClaasonNew York Supreme Court · 1859
- Varian v. StevensThe Superior Court of New York City · 1853
- Lyle v. SmithNew York Supreme Court · 1856
3Cited by1 opinion
- Rogers v. . McLeanNew York Court of Appeals · 1866