Kohler v. Kohler
New York Court of Chancery
The bill had been filed for a partition or sale; and the estate was sold under a decretal order. Philemon H, Frost became the purchaser, but raised objections to the title; and a reference was had to a master to look into and examine the objections. One of them was: that the bill had been taken as confessed against William F. Kholer, described as an infant in the bill, nor had he appeared or answered.
1Opinion of the Court
The Vice-Chancellor:
Several objections are raised by the purchaser of the property sold in this suit; but it may be unnecessary to refer to more than one of them. The' decree in the cause appears to have bees obtained without any proceedings having been taken against the infant defendant »• William F. Kohler; no guardian ad litem was appointed, no appearance was in any way entered, nor was the bill taken as confessed against him. The irregularity is attempted to be obviated by an offer of a release of all interest by William F. Kohler, who, it is said, has now come of age. But this is, at…
2Cited by4 opinions
- Goodenow v. EwerCalifornia Supreme Court · 1860
- Boggs v. Fowler & HargraveCalifornia Supreme Court · 1860
- Builders Mortgage Co. v. BerkowitzNew York Supreme Court · 1910
- Builders Mortgage Co. v. BerkowitzAppellate Division of the Supreme Court of the State of New York · 1910