Nichols v. Day
Supreme Court of New Hampshire
This is an appeal from a decree of the Judge of Probate, made in August, 1849, granting license to the appellee, as administratrix of the estate of Little Day, deceased, to sell real estate of the deceased to the amount of two hundred and twenty-five dollars, to pay the debts and claims against the estate.
Read the full summary
This is an appeal from a decree of the Judge of Probate, made in August, 1849, granting license to the appellee, as administratrix of the estate of Little Day, deceased, to sell real estate of the deceased to the amount of two hundred and twenty-five dollars, to pay the debts and claims against the estate. The reasons of appeal are in substance that the personal estate is sufficient to pay all the bona fidé claims against the estate which ought in law or equity to be paid, and that one of the alleged debts against the estate is a judgment obtained by Daniel J. Day against the administratrix,…
1Opinion of the CourtBell, J.
This appeal is well taken, if the claim of Daniel J*. Day can be shown to be unfounded or fraudulent. It is contended that the judgment is conclusive as to this claim, until it is set aside or .reversed, against the estate, and upon all parties, and therefore license was properly granted to sell real estate to pay it. *■
Though judgments rendered by a proper court are conclusive, till reversed, against parties and privies, yet generally they are not so against strangers.
The parties to this proceeding are the administratrix, who petitions for the license, and one of the heirs, who resists it.…
2Cases cited1 opinion
- Sherwood v. JohnsonNew York Supreme Court · 1828