2 Edw. Ch. 69 | New York Court of Chancery | 1833
Several objections are raised by the purchaser of the property sold in this suit; but it may be unnecessary to refer to more than one of them. The' decree in the cause appears to have bees obtained without any proceedings having been taken against the infant defendant »• William F. Kohler; no guardian ad litem was appointed, no appearance was in any way entered, nor was the bill taken as confessed against him. The irregularity is attempted to be obviated by an offer of a release of all interest by William F. Kohler, who, it is said, has now come of age. But this is, at present, but a suggestion from counsel; and, indeed, even ’though the proposition came in a tangible shape» still it comes back to the sufficiency of the decree-—as to other parties.
The purchaser, as to many parties, must take his title through the decree; and, consequently, a mere release by William F. Kohler will not make good the enrolment.
The purchaser must be discharged; and he is entitled to his costs. There is no fund in court out of which they can be paid; but the practice is to direct the complainants to pay them in the first instance. Let this be done here; and the parties adverse to the purchaser must adjust the amount amongst themselves.