Campbell v. Bowne
New York Court of Chancery
This was a petition to revive, and for leave to file a supplemental bill and to amend the original bill. The suit was commenced in February, 1828, by the complainants, as executors of William Edgar the younger, who was the executor of William Edgar the elder, to foreclose several mortgages given to the latter by R. L. Bowne.
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This was a petition to revive, and for leave to file a supplemental bill and to amend the original bill. The suit was commenced in February, 1828, by the complainants, as executors of William Edgar the younger, who was the executor of William Edgar the elder, to foreclose several mortgages given to the latter by R. L. Bowne. At the time of filing the bill, the mortgagor was dead; and Naomi Bowne, his widow, and nine other persons who were alleged to be his heirs at law, together with fifty-three judgment creditors, were made defendants. The widow, and five of the persons named in the bill as…
1Opinion of the Court
The Chancellor.
If there had been no change of parties since the filing of the original bill, and no change in the interest of those who should then have been made defendants, the amendments asked for would have been allowed as of course. A difficulty, however, is presented in this case from the fact that the widow of R. L. Bowne, who should *36have been made a party to the original bill but was not, has since that time intermarried with Jarvis; and the husband must now be made a party to the suit. The case is otherwise with Eliza Bowne, who was served with process while a feme sole, but who has…
2Cited by10 opinions
- Birmingham v. LesanSupreme Judicial Court of Maine · 1885
- Herzog v. SternNew York Supreme Court · 1933
- McCarthy v. AnableNew York Supreme Court · 1938
- U. S. Life Insurance v. GageNew York Supreme Court · 1890
- Fosdick v. DelafieldNew York Surrogate's Court · 1876
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