Ralston v. Lahee
Supreme Court of Iowa
Appeal from the Des Moines District Court. In the year 1844, Charles H. Miller filed his bill in chancery in the district court of Des Moines county, against Robert Ralston, and Mary H. Ralston, his daughter, to subject to the payment of a judgment in his name against said Robert Ralston, lots 238 and 239, A., in Burlington, the title to which was alleged to have been procured to be made from the United States by the said Robert to his infant daughter, the said Mary H.,…
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Appeal from the Des Moines District Court. In the year 1844, Charles H. Miller filed his bill in chancery in the district court of Des Moines county, against Robert Ralston, and Mary H. Ralston, his daughter, to subject to the payment of a judgment in his name against said Robert Ralston, lots 238 and 239, A., in Burlington, the title to which was alleged to have been procured to be made from the United States by the said Robert to his infant daughter, the said Mary H., while he, the said Robert, was largely indebted to his creditors, and among others to the said Miller. It was further…
1Opinion of the CourtStockton, J.
An infant defendant is as much bound by a decree in equity against her, as a person of full age; therefore, if there be an absolute decree against a defendant *24who is under age, she will not be permitted to dispute it, unless upon such grounds as an adult might have disputed it: as fraud, collusion, or error. To impeach the decree on the ground of fraud or collusion, she may proceed either by bill of review, or by original bill. To impeach it on the ground of error, she may proceed by original bill; and she is not obliged to wait for that pm-pose until she has arrived at the age of twenty-one.…
2Cases cited5 opinions
- Sweet v. JacocksNew York Court of Chancery · 1837
- Mills v. DennisNew York Court of Chancery · 1818
- Knickerbacker v. De FreestNew York Court of Chancery · 1830
- Pope v. LemasterCourt of Appeals of Kentucky · 1824
- Chalfant v. MonroeCourt of Appeals of Kentucky · 1835
3Cited by24 opinions
- Buffalo Loan, Trust & Safe Deposit Co. v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1891
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
- Pursley v. HayesSupreme Court of Iowa · 1867
- Missouri Pacific Railway Co. v. LascaSupreme Court of Kansas · 1909
- Wright v. JonesTexas Commission of Appeals · 1932
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