Atkins v. Kinnan
New York Supreme Court
The above were actions of ejectment, tried at the Tompkins circuit, before the Hon. Robert C. Monell, one of the circuit judges.
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The above were actions of ejectment, tried at the Tompkins circuit, before the Hon. Robert C. Monell, one of the circuit judges. Jane, the wife of Atkins, and John L. Tunison, were the children, heirs at law and devisees of James Tunison, who died seised of a tract of 250 acres of land, situate in the now county of Tompkins, and who by his will, devised one-third of the tract to his daughter Jane, and the remainder to his son John L. Tunison, and appointed Rynear Covert his executor, who proved the will, and took upon himself the execution thereof in June, 1807. The will was proved before the…
1Opinion of the Court
By the Court, Cowen, J.
After disposing of some minor questions, the judge proceeded as follows :
Thus these verdicts are brought to depend exclusively on the form of the proceedings before the surrogate, and the deeds from the executor; If these were, on their face valid, as being a compliance with the statute, 1 R. L. of 1801, p. 223, 4, § 20 and 21, the title of all the defendants was perfect, under the finding of the jury upon the question of domicil. If not, the plaintiffs are entitled to recover, unless there be other impediments which can have no operation in disposing of these cases.
By…
2Cases cited6 opinions
- Jackson ex dem. Jenkins v. RobinsonNew York Supreme Court · 1830
- Jackson ex dem. M'Fail v. CrawfordsNew York Supreme Court · 1834
- Rea v. M'EachronNew York Supreme Court · 1835
- Ford & Ford v. WalsworthNew York Supreme Court · 1836
- M'Fadden v. GeddisSupreme Court of Pennsylvania · 1828
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3Cited by42 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Morrill v. MorrillOregon Supreme Court · 1890
- Morrow v. WeedSupreme Court of Iowa · 1856
- Sibley v. SmithMichigan Supreme Court · 1853
- Sheldon v. WrightNew York Supreme Court · 1849
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