Brooks v. Fowle
Superior Court of New Hampshire
In Equity. The bill stated that on or about March 6, 1815, one Dearbon Emerson, of Groton, Massachusetts, was duly appointed by the probate court in Middlesex county the guardian of one Harriet E. Newman, a minor under fourteen, and that the plaintiff, Daniel Brooks, and David Childs, as sureties, executed a bond to the judge of probate for Middlesex, conditioned for the faithful discharge and performance of the office of guardian, by their principal, Emerson.
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In Equity. The bill stated that on or about March 6, 1815, one Dearbon Emerson, of Groton, Massachusetts, was duly appointed by the probate court in Middlesex county the guardian of one Harriet E. Newman, a minor under fourteen, and that the plaintiff, Daniel Brooks, and David Childs, as sureties, executed a bond to the judge of probate for Middlesex, conditioned for the faithful discharge and performance of the office of guardian, by their principal, Emerson. That having learned afterwards that Emerson had become insolvent, on the 28th of November, 1817, they called on him for an indemnity…
1Opinion of the CourtParker, C. J.
The plaintiff in this case asks an injunction from this court, to restrain the defendants from making sale of certain lands in the town of Stoddard ; and in addition to this he asks that they, and all persons claiming an interest under their testator, Childs, may be required to relinquish all title to the premises, and also that an account may be taken, as between himself and Childs, of what is due to *258him, and for such other and farther relief as the case may require.
The defendants on their part claim a right to go on and make the sale ; they, as executors of Childs, having obtained a license…
2Cases cited5 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- New-York State Bank v. FletcherNew York Supreme Court · 1830
- Eddy v. TraverNew York Court of Chancery · 1837
- Rogers v. MurrayNew York Court of Chancery · 1831
3Cited by1 opinion
- Graves v. GravesSuperior Court of New Hampshire · 1854