Fields v. Fowler
New York Supreme Court
Appeal from a judgment in favor of plaintiffs entered upon the report of a referee. The action was brought in Onondaga county by Leonard P. Fields and another, committee of the person and estate of Abel Amidon, a lunatic, against Maxwell T. Fowler, to set aside the sale of a farm to Amidon, while a lunatic, by the defendant, to cancel the satisfaction by Amidon of a mortgage held by him upon the farm, and to cancel a check given by him to defendant at the sale.
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Appeal from a judgment in favor of plaintiffs entered upon the report of a referee. The action was brought in Onondaga county by Leonard P. Fields and another, committee of the person and estate of Abel Amidon, a lunatic, against Maxwell T. Fowler, to set aside the sale of a farm to Amidon, while a lunatic, by the defendant, to cancel the satisfaction by Amidon of a mortgage held by him upon the farm, and to cancel a check given by him to defendant at the sale. The principal ground of defense, and the only one discussed in the opinion, was that the committee were not the proper parties to…
1Opinion of the Court
E. Darwin" Smith, J.
This action being brought to impeach and set aside the deed to Amidon, the alleged lunatic, and the satisfaction of the mortgage and check executed by him to the defend*599ant, on account and on the ground of the insanity of said Amidon at the time of their execution, was properly brought by and in the name of his committee.
The rule undoubtedly was and still is at law, when the action is brought to assert the title of the lunatic to real and personal property it must be brought in his name, as held in McKillip v. McKillip, 8 Barb. 555. The appointment of a committee of a…
2Cases cited3 opinions
- Person v. WarrenNew York Supreme Court · 1852
- Gorham v. GorhamNew York Court of Chancery · 1848
- Ortley & Baker v. MessereNew York Court of Chancery · 1823