5 Paige Ch. 489 | New York Court of Chancery | 1835
After the appointment of a committee of a lunatic by this court, no creditor can be permitted- to interfere with the property in the hands of the committee, without the permission of the chancellor or vice chancellor having jurisdiction of the case. And the sheriff who should attempt to levy upon the property of the lunatic, finder such circumstances, would be punished as for- a contempt of the court. Neither will this court permit a suit at law to be brought against the lunatic, without first asking the permission of the court, for the recovery of a debt, or otherwise, while he is under the care of the committee. The proper course for the party who has a claim against the lunatic, or his estate, is to apply to this court, by petition, for the payment of the debt, or
But in the cases in which judgments had been obtained and executions issued and levied on the property of the lunatic, before this court obtained jurisdiction in the matter by the institution of proceedings before the vice chancellor to obtain a commission of lunacy, I doubt whether it is right to interfere in this summary way to deprive the plaintiffs of their legal liens, although the recovery of the judgments and the whole proceedings in those suits are over-reached by the finding of the jury, under the commission of luncy. As the court of law had jurisdiction of the cases, if the judgments are either irregular or erroneous, on the ground that the suits were prosecuted against a defendant who was legally incompetent to make any defence thereto, the remedy appears to be by a summary application to the court in which the judgments were obtained, or by a writ of error. Or if there is no remedy at law, and the judgments have been improperly recovered against a lunatic, for pretended claims, which were not justly due, it may be a proper case for the committee to proceed by a bill in equity, to be relieved against such judgments.
The objection that the vice chancellor of the first circuit had not jurisdiction to appoint' the committee and to approve
The informality of this petition is such as to-render it improper. to present it to the vice chancellor in its present shape;. and as" I have no authority to proceed upon it as an original application to the chancellor, the petition must be dismissed, but without prejudice to the rights of the committee to apply to the vice chancellor by a new petition for such relief and direction in this matter as may be proper. As the committee has acted under the direction of the vice chancellor in making his application here, there is no ground for charging the estate of the lunatic with the costs of opposing the same. And costs should not be charged upon a committee personally, where he acts in good faith in making an application to the court, in a ease of this kind.