Stock v. Mann

Our attention has been called to what was said in Croghan v. Livingston (17 N. Y. 218, 223), which was reviewed and reiterated in Rogers v. McLean (34 N. Y. 536, 540), to the effect that an infant or non-resident incompetent not made a party at all might be brought in and the judgment allowed to stand as against her so that she could receive the benefits of a previous judicial sale in the partition action. Distinguishing between what was said and what was decided in those cases, we are led to conclude that they are distinguishable and not such authority as to justify a reversal of that part…