Lutjen v. Lutjen
Supreme Court of New Jersey
On apjieal from a decree advised by Vice-Chancellor Pitney, whose opinion is reported in 18 Dick. Ch. Rep. 391. The bill of complaint was filed May 28th, 1901, praying the court of chancery to declare void a certain deed of release, dated October 21st, 1891, executed by the complainant to defendant, Helene Lutjen, as administratrix cum testamento annexo of J". H. Lutjen, deceased, charging that she obtained same from him by fraud, and asking that she be decreed to account to…
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On apjieal from a decree advised by Vice-Chancellor Pitney, whose opinion is reported in 18 Dick. Ch. Rep. 391. The bill of complaint was filed May 28th, 1901, praying the court of chancery to declare void a certain deed of release, dated October 21st, 1891, executed by the complainant to defendant, Helene Lutjen, as administratrix cum testamento annexo of J". H. Lutjen, deceased, charging that she obtained same from him by fraud, and asking that she be decreed to account to and pay him an alleged unpaid balance of money due him beyond, and in addition to, the $5,000 already paid and…
1Opinion of the Court
The opinion of the court was delivered by
Veedenbubgi-i, J.
(after stating the facts as above).
The absence from the decree appealed from of any finding of the jurisdictional ground taken for invalidating the release, seems to justify a brief reference to the subject of jurisdiction. The right to an accounting in equity does not exist in favor of the complainant unless and until his deed of release is swept from his path. While that remains, his way is barred. Pie is, until it is displaced, effectually estopped by its clear and explicit terms from enforcing any right he might otherwise possess…
2Cases cited1 opinion
- Oliver v. PiattSupreme Court of the United States · 1845
3Cited by17 opinions
- Pendleton v. BrownArizona Supreme Court · 1923
- Condit v. BigalowNew Jersey Court of Chancery · 1903
- Wilson v. StevensNew Jersey Court of Chancery · 1929
- Poka v. HoliHawaii Supreme Court · 1960
- Burke v. GuntherNew Jersey Court of Chancery · 1941
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