Ford & Ford v. Walsworth
New York Supreme Court
This was an action of ejectment tried at the Cortland circuit in June, 1834, before the Hon. Robert Monell, one of the circuit judges. The suit was brought to recover two-fifths of a lot of land whereof JRevilo Ford, the father of the plaintiffs, died seized in July, 1820, leaving the plaintiffs and three other children his heirs at law.
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This was an action of ejectment tried at the Cortland circuit in June, 1834, before the Hon. Robert Monell, one of the circuit judges. The suit was brought to recover two-fifths of a lot of land whereof JRevilo Ford, the father of the plaintiffs, died seized in July, 1820, leaving the plaintiffs and three other children his heirs at law. The defence set up was a deed of the premises under a sale by virtue of a surrogate's order, made on the 7th March, 1821, by Adin Webb, then surrogate of the county of Cortland: which deed bore date on the 7th May, 1821, and was executed by the administrators…
1Opinion of the Court
The Court, after advisement, held that the omission to present to the surrogate an account of the personal estate and of the debts of the intestate, was a fatal defect in the proceedings ; arid it was not shown on the trial that such account was presented to the surrogate when applied to for aid in the premises, it did not appear that he had jurisdiction in the matter, and that therefore a new trial ought to be granted.
2Cited by6 opinions
- Atkins v. KinnanNew York Supreme Court · 1838
- Corwin v. MerrittNew York Supreme Court · 1848
- J. D. &. E. W. Ford v. WalsworthNew York Supreme Court · 1838
- Farrington v. KingNew York Surrogate's Court · 1850
- Sheldon v. . WrightNew York Court of Appeals · 1851
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