Ackley v. Ackley
New York Supreme Court
Appeal from judgment on report of referee. Action by Ira M. Ackley, as executor, etc., of Ira W. Ackley, deceased, against John Ackley, to recover the value of a span of horses. From a judgment entered on the report of referee, dismissing his complaint, and charging costs against him personally, plaintiff appeals. Affirmed.
1Opinion of the CourtLewis, J.
This litigation is about the ownership and right of possession of a span of horses. The plaintiff contends that the horses were *878the property of the testator, Ira W. Ackley, at the time of his death, and thereby became a part of the assets of the estate; that he, as the ■duly appointed and qualified executor of the estate, found the horses in defendant’s possession; that he demanded possession of them, which was refused; and that, thereupon, as such executor, he brought this action to recover their value of the defendant. The defendant answered, admitting that the testator was once the owner…
2Cases cited3 opinions
- People ex rel. Bailey v. Judges of the Albany Mayor's CourtNew York Supreme Court · 1833
- Ketchum v. KetchumNew York Supreme Court · 1825
- Brinckerhoff v. StarkinsNew York Supreme Court · 1851
3Cited by1 opinion
- Mullen v. GuinnNew York Supreme Court · 1895