Robbins v. Robbins

Indiana Supreme Court

Robbins v. Robbins

2 Ind. 74

CourtIndiana Supreme Court

DecidedMay 15, 1850

StatusPublished

Cited by10 cases

This text of 2 Ind. 74 (Robbins v. Robbins) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robbins v. Robbins, 2 Ind. 74 (Ind. 1850).

Pincite

Opinion

THIS was a bill in chancery to correct a mistake in a deed. A part of the defendants were infants. No process appears to have been served upon these infants, but a guardian ad litem was appointed, who, the record states, waived the service of the process on them. This he could not do — see Hough v. Canby, 8 Blackf. 301 — unless the heirs were present in Court, which does not appear, and, on error, cannot be presumed. For this error we are compelled to reverse the decree below, with costs.

The decree is reversed. Cause remanded for further proceedings.

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THIS was a bill in chancery to correct a mistake in a deed. A part of the defendants were infants. No process appears to have been served upon these infants, but a guardian ad litem was appointed, who, the record states, waived the service of the process on them. This he could not do — see Hough v. Canby, 8 Blackf. 301 — unless the heirs were present in Court, which does not appear, and, on error, cannot be presumed. For this error we are compelled to reverse the decree below, with costs.

The decree is reversed. Cause remanded for further proceedings.

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Bluebook (online)

2 Ind. 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robbins-v-robbins-ind-1850.

Opinion

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