In re Christie
New York Court of Chancery
A commission of lunacy was issued in this matter, upon the petition of a son of P. Christie, the alleged lunatic. And by the inquisition, the jury found thatP. Christie had been of unsound mind for four years ; which finding overreached a conveyance of his farm, given by him to his son in law, S. Dobbin. On the part of the petitioner an application was made for the appointment of a committee.
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A commission of lunacy was issued in this matter, upon the petition of a son of P. Christie, the alleged lunatic. And by the inquisition, the jury found thatP. Christie had been of unsound mind for four years ; which finding overreached a conveyance of his farm, given by him to his son in law, S. Dobbin. On the part of the petitioner an application was made for the appointment of a committee. An application was also made, in the name of the lunatic, to set aside the inquisition for certain alleged irregularities in the execution of the commission or for leave to traverse the inquisition. The…
1Opinion of the Court
The Chancellor.
There is no sufficient ground for setting aside the inquisition, the alleged irregularities upon the execution of the commission being satisfactorily denied or disproved. The only question, therefore, is as to the propriety of granting a feigned issue. There is reason to believe that this application, although in the name of the alleged lunatic, is substantially an application in behalf of the son-in-law whose deed is overreached, by the finding of the jury. Even in England, where the traverse of the inquisition is a matter of right, it is not usual to grant it until the…
2Cited by9 opinions
- Wadsworth v. . Sharpsteen and MoffatNew York Court of Appeals · 1853
- Cockrill v. CockrillU.S. Circuit Court for the District of Western Missouri · 1897
- Cockrill v. CockrillCourt of Appeals for the Eighth Circuit · 1899
- In re VanaukenNew Jersey Court of Chancery · 1854
- In re PaynNew York Supreme Court · 1852
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