8 BLACKF 508 - Bryer v. Chase

How this case has been cited

Cited by 21 later decisions — most recently January 1923

1 federal appellate · 19 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1THE 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,

¶21. That in such suits, Courts of law and equity have concurrent jurisdiction. Martin v. Densford, 3 Blackf. 295.— Bryan v. Blythe, 4 id. 249.

¶32. That the defendants being infants, there could not be a final decree against them without proof.

¶43. 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.

¶54. 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.