Brown v. Lanman
Supreme Court of Connecticut
IN ERROR. THIS was a petition in chancery, brought by the present plaintiffs in error to the superior court, praying that certain promissory notes given by them to the defendant, in his capacity of administrator, should be given up or cancelled. The case, as stated in the bill, and found by the court, was as follows. In January 1807, the defendant was appointed administrator of the estates of Barber and Billings. He soon afterwards exhibited an inventory of each estate.
Read the full summary
IN ERROR. THIS was a petition in chancery, brought by the present plaintiffs in error to the superior court, praying that certain promissory notes given by them to the defendant, in his capacity of administrator, should be given up or cancelled. The case, as stated in the bill, and found by the court, was as follows. In January 1807, the defendant was appointed administrator of the estates of Barber and Billings. He soon afterwards exhibited an inventory of each estate. That, of Barber amounted to 1079 dollars, 45 cents, of which 800 dollars was an equity of redemption in an undivided half of…
1Opinion of the Court
Swift, Ch. J.
This is a petition to set aside notes given for land sold by order of a court of probate ; which, it is contended, was void or erroneous.
The court of probate had jurisdiction of the matter in question ; and the order of sale is valid on the face of it. Though the proceedings of the court, from the facts stated in the petition, and found by the superior court, were erroneous, and would be set aside on a proper appeal ; yet till set aside, the judgment is valid.
The petitioners are strangers to the judgment. They can never directly call it in question ; and cannot collaterally…
2Cited by7 opinions
- Board of Commissioners v. MarkleIndiana Supreme Court · 1874
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Lockwood v. SturdevantSupreme Court of Connecticut · 1827
- Sitzman v. PacquetteWisconsin Supreme Court · 1860
- Kirk v. BowlingNebraska Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.