Smith v. Carll
New York Court of Chancery
BILL by the plaintiffs, as a committee of the person and estate of Thomas Hallock, a lunatic, stating that H. was duly found to be a lunatic, by a commission of lunacy, executed in June, 1818; and that he had been so, from the 30th of March preceding ; and "praying that a purchase of land which he had made of the defendants on the 14th of April, 1818, might be rescinded.
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BILL by the plaintiffs, as a committee of the person and estate of Thomas Hallock, a lunatic, stating that H. was duly found to be a lunatic, by a commission of lunacy, executed in June, 1818; and that he had been so, from the 30th of March preceding ; and "praying that a purchase of land which he had made of the defendants on the 14th of April, 1818, might be rescinded. Issue was joined, and the testimony of a great number of witnesses, on each side* was taken, touching the sanity of the lunatic at the time of the purchase. The cause was brought to a hearing, on the merits, in November last.…
1Opinion of the Court
The Chancellor
denied the motion for a rehearing on the point óf insanity, and declared that the testimony was entirely satisfactory to him on that point, and that a feigned issue was not indispensable, but rested in discretion. It is settled, he said, to be a competent exercise of the authority of the Court, in every case and in every stage of it, to determine according to its discretion, whether it does or does not want the assistance of a jury. Courts of Equity have an original jurisdiction, which must be exercised according to a sound discretion, to try questions of fact without the…
2Cited by7 opinions
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- State v. Sunapee Dam Co.Supreme Court of New Hampshire · 1903
- In re Proving the Last Will & Testament of CarnrightAppellate Division of the Supreme Court of the State of New York · 1917
- Pierpont v. FowleU.S. Circuit Court for the District of Massachusetts · 1846
- Globe Mutual Lies Insurance Co. v. RealsNew York Supreme Court · 1874
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