Legal Opinion

Jenkins v. Young

New York Supreme Court

Decided January 15, 1887Published

Motion by the plaintiff for a new trial, on exceptions taken at the Ontario Circuit, and ordered to be heard at the General Term, in the first instance.

1Opinion of the Court

Bradley, J.:

The action is ejectment to recover the possession of land of which William Jenkins died seized in September, 1863. The plaintiff is one of his heirs, and as such seeks to recover. The alleged defense is that the land was sold pursuant to an order of the Surrogate’s Court of Ontario county, to pay the debts of Wiliam Jenkins, deceased, and that the defendant derived title through the purchase at such sale. It appears that, in June,-1871, proceedings were instituted by the administrator, etc., of the decedent, before such surrogate, and that they were in all respects regular and as…

2Cases cited6 opinions

  1. Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
  2. McMurray v. . McMurrayNew York Court of Appeals · 1876
  3. Cruger v. . DoughertyNew York Court of Appeals · 1870
  4. Joyce v. McAvoyCalifornia Supreme Court · 1866
  5. Havens v. ShermanNew York Supreme Court · 1864

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