73 N.J. Eq. 251 | New York Court of Chancery | 1907
Defendants seek to open a final decree entered and enrolled nearly three years ago. If this suit stood alone I should incline to the view that the reasons assigned for permitting the decree to be entered and stand so long unchallenged are insufficient to warrant this court in ordering the enrollment opened. But it appears that the bill was filed to quiet title to certain real estate, and the basis of complainants’ claim was that the children of one Edmund B. Eoss were not born in lawful wedlock; if born in
I will therefore hold the present petition until the decision referred to is rendered by the appellate court, and then advise an order in accordance with the views herein expressed. Such costs as complainants were compelled to expend in taking the depositions before the master and in entering the decree should be paid by petitioner in the event of the decree being opened.