Mills v. Dennis
New York Court of Chancery
BILL to foreclose a mortgage executed by Isaac Dennis, deceased. The defendants (except one) are the heirs at law of the mortgagor, and two of them* represented as infants. The bill was duly taken pro confesso, against all the defendants, except the two infants, who appeared and answered by their guardian, the clerk of the court. who was appointed their guardian, for this purpose, by an order of the court.
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BILL to foreclose a mortgage executed by Isaac Dennis, deceased. The defendants (except one) are the heirs at law of the mortgagor, and two of them* represented as infants. The bill was duly taken pro confesso, against all the defendants, except the two infants, who appeared and answered by their guardian, the clerk of the court. who was appointed their guardian, for this purpose, by an order of the court. A reference was made to a Master to compute, and report the amount due on the bond and mortgage mentioned in the bill. The cause was then regularly ■ set down for hearing upon the report,…
1Opinion of the Court
The Chancellor.
A decree cannot safely be obtained against an infant, upon the mere fact of taking the bill pro confesso, or upon an answer in form by-the guardian, ad litem. The answer in such cases generally is, that the infant knows nothing of the matter, and therefore, neither admits nor denies the charges, but leaves the plaintiff to prove them, as he shall be advised, and throws himself on the protection of the court. A decree upon such an answer would not bind the infant, and he could open it, or set it aside, when he comes of age. No laches can be imputed to an infant, and no valid…
2Cited by25 opinions
- Brick's EstateNew York Surrogate's Court · 1862
- Walsh v. WalshMassachusetts Supreme Judicial Court · 1874
- Ralston v. LaheeSupreme Court of Iowa · 1859
- Ricardi v. GabouryTennessee Supreme Court · 1905
- Denholm v. McKayMassachusetts Supreme Judicial Court · 1889
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