Emerson v. . Spicer
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment entered upon the decision of the court in favor of plaintiff. The action is ejectment, brought to recover possession of certain premises, situate in the town of Ellisburgh, in the county of Jefferson.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment entered upon the decision of the court in favor of plaintiff. The action is ejectment, brought to recover possession of certain premises, situate in the town of Ellisburgh, in the county of Jefferson. James Emerson died intestate on the 14th day of September, 1864, leaving the plaintiffs, Ira Emerson, Clara Emerson, Carrie Emerson and Katie B. Emerson, Ms only children and heirs-at-law. At the time of Ms death he was the owner in fee of the premises in question. The said…
1Opinion of the CourtPeckham, J.
Only one question in this case. Had the mother of the plaintiffs, as guardian in socage, a right to lease the premises in question for three years, so as to convey an absolute right for that time ? If she had, this action will not lie. One of the plaintiffs was under fourteen years of age when this suit was instituted. G-uardianship in socage at common-law continued until the ward' was fourteen years of age and then ended; but it would seem that if no other guardian was appointed, it continued from then until another should be appointed, or until the ward arrived at twenty-one. The age of…
2Cases cited2 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- Field v. SchieffelinNew York Court of Chancery · 1823
3Cited by18 opinions
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Boyer v. . EastNew York Court of Appeals · 1900
- Matter of Application of Mary E. HynesNew York Court of Appeals · 1887
- Jackson v. O'RorkeNebraska Supreme Court · 1904
- Mallen v. Ruth Oil Co.District Court, E.D. Oklahoma · 1915
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