270 F. 688 | D.C. Cir. | 1921
A bill in equity was filed March 31, 1904, in the Supreme Court of the District of Columbia by Elizabeth C. Prall, as complainant, against Jennie M. Prall, Annie M. Prall, Emma C. Knorr, Augustus Ernest Knorr, Gladys Ernestine Knorr, William E. Prall, Sr., Julia L. Prall, and Adolph A. Hoehling, Jr., to procure partition by sale of certain real estate described therein. It is averred in the bill, among other things, that William E. Prall, Sr., on May 17, 1872, conveyed the premises in question to his children, Jennie 'M., Annie M., Emma C., and William E. Prall, Jr., “for and during their natural life as tenants in common, with remainders to the children of said, parties of the second part, their heirs and assigns as tenants in common in fee simple.”
It appears that service of process was had upon the infant defendant. Gladys E. Knorr, and another defendant, Annie M. Prall, was appointed her guardian ad litem, and, as such, formally answered the bill. Certain orders were made, which need not be considered, since no sale was made. On June 13, 1911, complainant filed an amended bill setting up additional rights claimed to have accrued to her by reason of the death of her husband, William E. Prall, Jr. She prayed that a decree entered under the original bill on January 9, 1906, “be set aside and a new substitute and proper judicial partition decree by sale be passed declaring and fixing the rights, titles and interests, present and future, of your petitioner and the defendants herein according to the provisions by the fixed terms of the aforesaid deed herein” ; that new trustees be appointed, the property sold, and the proceeds divided, and that a rule issue upon tlie several defendants and the then existing trustees to show cause why the prayers of the petition should not be granted.
No sale was made, and, on November 25, 1919, Gladys E. Lavag-nino, the former infant Gladys E. Knorr, filed a petition “to establish interest and vacate order of sale,” in which she reviewed the proceedings had since the filing of the original bill in 1904. She avers that neither she nor her guardian ad litem were served with process or notice under thé amended bill of 1911, or with notice of the various proceedings thereunder; that she became of age January 15, 1916; that Elizabeth C. Prall, the original complainant, has been adjudged insane, and appellee Imlay appointed a committee of her estate, and that no sale of the property can be made at this time for its fair and reasonable value. She prays, in effect, that all proceedings heretofore had be vacated and for nothing held, and for general relief.
The defendants Jennie M. Prall, Annie M. Fahnestock, and Emma Prall Knorr answered, admitting the allegations of the petition and joining in the request to have the former proceedings set aside and held for naught. The court entered a decree ordering that the decrees of January 9, 1906, Novmber 13, 1911, and May 22, 1914, and every order or proceeding depending thereon, be vacated in so far only as they decree the sale of the property, but that in all other respects they be affirmed, that the cause be referred to an examiner to take testimony upon the advisability of making sale of the property, and that the cause be retained for further action.
On April 12, 1920, the court entered a decree again affirming the earlier decrees and orders depending thereon, except as to the sale of the property, dismissing the petition of Gladys E. Lavagnino and directing the trustees to sell the property in compliance with the decree of May 22, 1914.
The defendants Jennie M. Prall, Annie Prall Fahnestock, Emma Prall Knorr, and the petitioner, Gladys E: Lavagnino, appealed from this decree.
As to the other appellants, defendants below, they were parties to-the proceedings under the original bill, participated in the proceedings under the amended bill of 1911, and they here rest their appeal upon the assignments of error of appellant Gladys E. Eavagnino. The determination of the appeal as to her disposes of the case as to all.
The decree is affirmed, with costs.
Affirmed.