Braxton v. Lee's heirs
File:Hening&MunfordsReports1811V4BraxtonvLee'sHeirs.pdf
Braxton v. Lee's heirs, Hening and Munford Vol. IV 376 (1806),[1] discussed whether decrees against children could later be challenged by the child when it had come of age.
Background
After her husband’s death, Elizabeth Braxton sued in the Court of Chancery to recover her life estate (dower) in 25,000 acres of land. Among the defendants were Francis Lee’s heirs, Sophia and William, who were minors. Since the Lee children were called as defendants, the court appointed Nancy Lee to be their guardian in defending them in court. However, Nancy Lee never appeared nor filed an answer on the children’s behalf. Since Nancy Lee never showed in court, the Commissioners (who were appointed for the purposed of the processing this issue, found in favor of Ms. Braxton and demanded that the 100 acres possessed by the Lee children be returned to her and to pay to Widow Braxton the sum of rent and profits accumulated from the time of the demand until she finally regained possession. In response to the judgment, John Dillard a friend of the still minor Lee children, filed an appeal on their behalf stating among other things that they weren’t properly represented and that their grandfather had actually purchased the property from Mr. Braxton.
The Court's Decision
On March 6, 1802, Chancellor Wythe rejected to hear the defenses of the Lee children and was reversed by the Court of appeals. Upon hearing the facts of the case in full on March 12, 1803, Wythe, again, ruled in favor of Ms. Braxton. The Court of Appeals reversed again and ordered a new trial based on the merits of the case. On September 20, 1806, the case came before the second judge of the Superior Court of Chancery, Creed Taylor, who found in favor of the plaintiffs. To this decision, the Court of appeals reversed in part and affirmed in part.
See also
References
- ↑ William Hening and William Munford, Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia: with Select Cases, Relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District, (New York: I. Riley, 1811), 376.
