Bolton v. Jacks
The Superior Court of New York City
This was an action of ejectment, to recover possession of certain lands situate in the city and county of Hew York. The plaintiffs claimed as sole heirs at law of a Mr. Tallmadge, (Theodore B.) who they allege died intestate, seisecl of the premises in question.
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This was an action of ejectment, to recover possession of certain lands situate in the city and county of Hew York. The plaintiffs claimed as sole heirs at law of a Mr. Tallmadge, (Theodore B.) who they allege died intestate, seisecl of the premises in question. The defendants alleged that Tallmadge left a will, which was duly proven, and upon which letters testamentary were issued to the executor therein named, and that it contained a power of sale of such premises, and that by certain deeds executed by such executor, under that power of sale, the title was out of the plaintiff. The cause…
1Opinion of the Court
By the Court, Jones, J.
In addition to' the objection to the introduction of the record of the surrogate on the trial, various other points were raised which are properly presented for the determination of the general term, and will appear in the course of this opinion, but the objections to the introduction of the records from the surrogate’s office will be first disposed of.
Although the statute neither requires the presentation of a petition to a surrogate, nor that the surrogate shall take proof of or ascertain in what county the testator died, yet there can be no doubt that he has power to…
2Cases cited24 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- McCormick v. SullivantSupreme Court of the United States · 1825
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Borden v. FitchNew York Supreme Court · 1818
- Starbuck v. MurrayNew York Supreme Court · 1830
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3Cited by2 opinions
- Sillyman v. KingSupreme Court of Iowa · 1873
- Rowe v. ParsonsNew York Supreme Court · 1876