Trevor v. Colgate

These are separate appeals from the same decree. The proceeding was a bill in chancery for partition. Certain of the appellants, who were necessary defendants to the bill and against whom the decree passed, are minors and residents of the State of New York. The decree must be reversed for the reason the court did not obtain jurisdiction of the persons of these defendants.

The decree recites: “Due proof of publication notice of the pendency of this cause has been had on the said infant defendants for at least thirty days before the first day of the term.” This recital is insufficient to…