Badger v. Badger
Supreme Court of the United States
BADGER-died in 1818, leaving a widow and ten children, one of whom only was of age.at that time; the others being minors, of different ages. One of them came of age-in 1824; another in 1828; a third in 1831; a fourth in 1834; a fifth in 183ñ; a sixth in 1837. The eldest son, Daniel Badger, took administration on the estate in 1819, an uncle being joined with him; and soon after filed an inventory of the estate, its debts, and liabilities.
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BADGER-died in 1818, leaving a widow and ten children, one of whom only was of age.at that time; the others being minors, of different ages. One of them came of age-in 1824; another in 1828; a third in 1831; a fourth in 1834; a fifth in 183ñ; a sixth in 1837. The eldest son, Daniel Badger, took administration on the estate in 1819, an uncle being joined with him; and soon after filed an inventory of the estate, its debts, and liabilities. In 1820, having settled one administration account, the administrators obtained leave from the court to sell certain portions of the real estate. None of…
1Opinion of the CourtJustice Grier
i The numerous eases in the books as to dismissing a chancery bill because of staleness, would seem to be contradictory if the dicta'of the chancellors are hot modified by applying them to the peculiar facts of the case under consideration. Thus, Lord Erskine, in an important case once before him, says.: “No length of time can prevent the unkennelling of a fraud.” And Lord Northington, in Alden v. Gregory, * with virtuous indignation against fraud, exclaims: “ The next question is, in effect, whether delay will purge a fraud? Never — while I sit here! Every delay adds to its injustice and…
2Cases cited1 opinion
- Prevost v. GratzSupreme Court of the United States · 1821
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- Russell v. ToddSupreme Court of the United States · 1940
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