Bryer v. Chase
Bryer and Others v. Chase.—In error
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
THE assignee of a judgment for a certain sum of money filed a bill in chancery against the infant .heirs of the judgment-debtor. The bill alleged that the judgment-debtor died insolvent, leaving certain land on which the judgment was a lien, and prayed that the land might be sold for payment of the judgment. Held,
1. That in such suits, Courts of law and equity have concurrent jurisdiction. Martin v. Densford, 3 Blackf. 295 .— Bryan v. Blythe, 4 id. 249.
2. That the defendants being infants, there could not be a final decree against them without proof.
3. That if there was no administrator of the estate, the bill should have alleged that fact; and if there was an1 administrator, he should have been a party. Welborn v. Jolly, 4 Blackf. 279 . — Story’s Eq. Pl. 206.
4. That the assignor of the judgment might have been made a party; but qucere whether he was a necessary party. 1 Dan. Ch. Pr. 292. — Elderkin v. Shultz, 2 Blackf. 345 .
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.