Garlick v. Strong
New York Court of Chancery
The bill in this case was filed by the wife against her and C. Strong, to restrain the latter from collecting a bond and mortgage assigned to him by the husband, but to be the séparate property of the wife. The defendants demurred to the bill for want of equity. They also alleged, ore terms, as a cause of demurrer, that the suit was brought by the wife in her own name, when she ought to have sued by her next friend.
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The bill in this case was filed by the wife against her and C. Strong, to restrain the latter from collecting a bond and mortgage assigned to him by the husband, but to be the séparate property of the wife. The defendants demurred to the bill for want of equity. They also alleged, ore terms, as a cause of demurrer, that the suit was brought by the wife in her own name, when she ought to have sued by her next friend. The facts are stated in the opinion of the chancellor. for the complainant. The note of Strong for $1000, given to the complainant upon the consideration of her releasing her…
1Opinion of the Court
The Chancellor.
The facts stated in the complainant’s bill are sufficient to entitle her to the relief asked for by that bill. She alleges that the husband was seised of a real estate worth five or six thousand dollars, parts of which were sold by him from time to time, and on which sales she relinquished her right of dower to the purchasers, at his request. That a part of the estate, worth about-$2000, was afterwards sold to the defendant Strong; and the complainant refused to join in the conveyance and relinquish her right of dower in the prop*452erty, unless a part of the consideration money…
2Cited by44 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Hunt v. . JohnsonNew York Court of Appeals · 1870
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- Sykes v. ChadwickSupreme Court of the United States · 1874
- Strong v. SkinnerNew York Supreme Court · 1848
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