Requa v. . Holmes
New York Court of Appeals
Whit of error to the Supreme Court. The plaintiffs iu error brought their action of ejectment in the Supreme Court in 1844. On the trial at the circuit, they showed that their father, Samuel Eequa, as one of the heirs-at-law of his brother, Isaac Eequa, became seized of an equal undivided sixth part of the premises described in the declaration ; and that the plaintiffs, as seven of the nine children and heirs-at-law of Samuel Eequa, became seized of seven equal undivided…
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Whit of error to the Supreme Court. The plaintiffs iu error brought their action of ejectment in the Supreme Court in 1844. On the trial at the circuit, they showed that their father, Samuel Eequa, as one of the heirs-at-law of his brother, Isaac Eequa, became seized of an equal undivided sixth part of the premises described in the declaration ; and that the plaintiffs, as seven of the nine children and heirs-at-law of Samuel Eequa, became seized of seven equal undivided ninth parts of the one-sixth thus inherited by their father. The defendant, for the purpose of showing that the plaintiffs…
1Opinion of the CourtBowen, J.
That the proceedings in the action, subsequent to the death of Samuel Requa and prior to the order reviving it, as against his heirs, were irregular and erroneous cannot be denied, and I think they were void. As his interest in the premises (the subject matter of the partition suit) did not survive to the parties to the action, or to any of them, after his death, there was no one before the court to represent his interest, no one against whom judgment, affecting the interest which he had prior to his death, could be pronounced. The decretal order directing the sale was the final judgment of…
2Cases cited3 opinions
- Garr v. GomezCourt for the Trial of Impeachments and Correction of Errors · 1832
- Vroom v. DitmasNew York Court of Chancery · 1836
- Washington Insurance v. SleeNew York Court of Chancery · 1831
3Cited by14 opinions
- Stewart v. FranchettiAppellate Division of the Supreme Court of the State of New York · 1915
- Requa v. . HolmesNew York Court of Appeals · 1863
- Avery v. RyersonMichigan Supreme Court · 1876
- Lyon v. RegisterSupreme Court of Florida · 1895
- People v. RoseNew York Supreme Court · 1889
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