Steele v. White
New York Court of Chancery
This was an appeal by Charles Lydia White from an order of the vice chancellor of the first circuit, directing certain surplus monies paid to the clerk of the late equity court in that circuit, to be paid to the legatees of Charles White, deceased. The money in court arose from the sale of certain real estate of C. White, under a mortgage foreclosure against his heirs and devisees.
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This was an appeal by Charles Lydia White from an order of the vice chancellor of the first circuit, directing certain surplus monies paid to the clerk of the late equity court in that circuit, to be paid to the legatees of Charles White, deceased. The money in court arose from the sale of certain real estate of C. White, under a mortgage foreclosure against his heirs and devisees. Lydia White, the widow and executrix of C. White, claimed the money on the ground that the estate mortgaged was either held in trust for her, or that she had a valid claim against her husband, as his creditor under…
1Opinion of the Court
The Chancellor.
On examining the facts sworn to in the petition and in the affidavits presented to the vice chancellor for and against the application, I think there is no sufficient ground to justify a belief , that Charles Lydia White was imposed upon, or defrauded in the compromise which was made between him and the other petitioners. Whether the-compromise was a beneficial one to him, is not material to-consider. In Lewis v. Cooper & Flinn, (Cook’s R. 467,) the supreme court of errors and appeals in Tennessee decided that a party was bound by a compromise of a law suit; and could not be…
2Cited by17 opinions
- Jordan v. StevensSupreme Judicial Court of Maine · 1863
- McGregor v. PearsonWisconsin Supreme Court · 1881
- Biershenk v. StokesNew York Court of Common Pleas · 1894
- Adams v. AdamsSupreme Court of Iowa · 1886
- Whyel v. Jane Lew Coal & Coke Co.West Virginia Supreme Court · 1910
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