Slocum v. . English
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. (Beported below, 2 Hun, 78; 4 T. & C., 266.) This was an action of ejectment. Plaintiff claimed as one of the heirs at law of Henry Granger, who died August 1st, 1846, intestate, seized in fee of the premises in question.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. (Beported below, 2 Hun, 78; 4 T. & C., 266.) This was an action of ejectment. Plaintiff claimed as one of the heirs at law of Henry Granger, who died August 1st, 1846, intestate, seized in fee of the premises in question. Letters of administration upon the estate of the deceased were issued September 2, 1846. These letters were revoked May 16, 1850, and letters of administration, de bonis non,…
1Opinion of the Court
Church, Ch. J.
We have carefully considered the able and ingenious argument of the learned counsel for the appellants, but we feel constrained to concur with the decision of the court below, that the sale of the lands in question upon proceedings instituted by the administrator is void, because such proceedings were not instituted within three years after the granting of letters of administration. We deem it unnecessary to discuss at length the point involved, as we concur substantially with the views expressed by Miller, J., in the court below.
The proceedings under which the sale took place…
2Cited by13 opinions
- State ex rel. Dana v. Probate CourtSupreme Court of Minnesota · 1889
- In re Callaghan's EstateNew York Supreme Court · 1893
- Hulse v. HulseNew York Supreme Court · 1889
- Hamilton v. CrawfordNew York Supreme Court · 1911
- Thorburn v. MitchellAppellate Division of the Supreme Court of the State of New York · 1920
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