Wilkinson v. Parish
New York Court of Chancery
The original complainants in this cause, Wilkinson & Blood, filed their bill for the partition of certain lands held by them as tenants in common with the defendants and with each other.
Read the full summary
The original complainants in this cause, Wilkinson & Blood, filed their bill for the partition of certain lands held by them as tenants in common with the defendants and with each other. Pending the suit, and after the bill had been taken as confessed against most of the defendants, Blood died intestate, leaving a widow and several children, some of which children were infants. jn behalf of Wilkinson, the surviving complainant, now presented a petition stating these facts, and praying that the suit might be revived against the widow and children of the decedent; and that an order might be…
1Opinion of the Court
The Chancellor.
Several questions are presented for the decision of the court upon this petition which will require consideration. As some of the heirs of Blood, against whom it is now sought to revive this suit, are infants, the first question which presents itself is whether a suit in this court can be revived against infants by petition and order, under the general provisions of the revised statutes which authorize the revival of suits in chancery by that summary mode of proceeding. (2 R. S. 184, § 109 to 121.) In a case which was before the court for the correction of errors, in 1808,…
2Cited by12 opinions
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Watkinson v. WatkinsonSupreme Court of New Jersey · 1905
- Green v. PutnamNew York Supreme Court · 1847
- Greiner v. KleinMichigan Supreme Court · 1873
- Mills v. Van VoorhisNew York Supreme Court · 1856
7 more not listed; retrieve them via the Exa API.