Cochran v. Couper
Court of Chancery of Delaware
Bill in Equity for arrearages of an annuity.—The complainant was entitled, under the will of her first husband, Dr. Thomas Evans, deceased, to an annuity of £24. Evans died in the year 1796. Letters testamentary on his estate were granted to his executors, who passed sundry testamentary accounts and died. Dr. J ames Couper then became administrator d. b. n., c. t. a.
Read the full summary
Bill in Equity for arrearages of an annuity.—The complainant was entitled, under the will of her first husband, Dr. Thomas Evans, deceased, to an annuity of £24. Evans died in the year 1796. Letters testamentary on his estate were granted to his executors, who passed sundry testamentary accounts and died. Dr. J ames Couper then became administrator d. b. n., c. t. a. He passed an account in 1812, showing a balance of $456.03, to be disposed of according to the will of the testator. The complainant intermarried with Joseph W. Cochran, from whom she was divorced by an Act of the General…
1Opinion of the Court
Johns, Je., Chancelloe.
The preliminary question presented in this suit, if in favor of the defendant, must necessarily decide the ease. It relates to the effect and operation of the former decree, which is relied on by the defendant in his answer as conclusive. It is admitted that the bill filed in this cause is between the same parties and for the same matter in regard to which the former decree was made. The complainant insists that the decree heretofore entered and signed should be considered as made without prejudice, and ought not to be allowed such an effect as to preclude him from…
2Cited by7 opinions
- Missouri-Kansas Pipe Line Co. v. WarrickSupreme Court of Delaware · 1938
- Sill v. Kentucky Coal & Timber Development Co.Court of Chancery of Delaware · 1916
- McIntyre v. McIntyreMichigan Supreme Court · 1919
- Hudson v. LaytonCourt of Chancery of Delaware · 1919
- Jefferson v. StuckertCourt of Chancery of Delaware · 1918
2 more not listed; retrieve them via the Exa API.