Sheldon v. . Wright
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the seventh' district, where judgment had been rendered in favor of the defendant, upon a special verdict. (Reported below, 7 Barb. 39.) This was an ejectment to recover possession of the undivided third part of a farm in the town of Brutus, in Cayuga county, of which the plaintiff claimed to be the owner in fee.
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Appeal from the general term of the Supreme Court, in the seventh' district, where judgment had been rendered in favor of the defendant, upon a special verdict. (Reported below, 7 Barb. 39.) This was an ejectment to recover possession of the undivided third part of a farm in the town of Brutus, in Cayuga county, of which the plaintiff claimed to be the owner in fee. On the trial, at the Cayuga circuit, in April 1848, before Sill, J., there was a special verdict, embodying the following facts: * Aaron B. Sheldon, of the town of Brutus, in Cayuga county, died in February 1826, seised-in fee of…
1Opinion of the Court
*Foot, J.
This was an action of ejectment to .recover land lying in Cayuga county. Aaron B. Sheldon, deceased, of the town of Brutus, in that county, owned the land at his death, which occurred in February 1826. He died intestate, and the appellant, being-one of his children and heirs-at-law, claims by descent. The respondent acquired his title, in January 1827, by purchase at a sale of the real estate of the intestate, made in pursuance of an order of the surrogate, entered in the month of December previous. There are numerous objections to the proceedings before the surrogate, *but in this…
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