Partridge v. Havens
New York Court of Chancery
This was an appeal from a decree of the late assistant vice chancellor of the ñrst circuit. The bill was filed againt the defendants, who were the infant children of Nathaniel Havens and Abigail his wife, to obtain a conveyance of the legal title to about twenty acres of land in the town of Riverhead.
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This was an appeal from a decree of the late assistant vice chancellor of the ñrst circuit. The bill was filed againt the defendants, who were the infant children of Nathaniel Havens and Abigail his wife, to obtain a conveyance of the legal title to about twenty acres of land in the town of Riverhead. The grounds of the claim, as alleged in the bill, were that the premises in equity belonged to N. Havens the father, by virtue of a resulting trust; and that he had procured the legal title to be conveyed to the defendants for the purpose of defrauding the complainant in the collection of a…
1Opinion of the Court
The Chancellor.
If the complainant had filed his bill as a judgment creditor of N. Havens, for the purpose of reaching an interest in this property which still belonged to his debtor, or to reach it upon the ground that it had been conveyed to the children in fraud of the complainant’s rights as a creditor, the objection made in behalf of these infant defendants that the judgment debtor should have been made a party, would have been well taken. And as infants cannot be prejudiced by the neglect of their guardian ad litem to make such an objection in the answer, *623the objection may be raised by…
2Cases cited1 opinion
- Garlick v. StrongNew York Court of Chancery · 1831
3Cited by12 opinions
- Smith v. StrahanTexas Supreme Court · 1856
- Shaffer v. FettyWest Virginia Supreme Court · 1887
- Strong v. SkinnerNew York Supreme Court · 1848
- Sanford v. SanfordNew York Supreme Court · 1871
- Schaffner v. ReuterNew York Supreme Court · 1862
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