Meakings v. . Cromwell
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a motion for a new trial had been denied, and judgment entered upon a finding in favor of the defendant, in a case tried before the court, without a jury. (Reported below, 2 Sandf. 512.) This was an ejectment brought by Meakings against Cromwell and his tenants, for a house and lot of ground, at the northwesterly corner of Amity and Greene streets, in the city of New York.
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Appeal from the general term of the Superior Court of the city of New York, where a motion for a new trial had been denied, and judgment entered upon a finding in favor of the defendant, in a case tried before the court, without a jury. (Reported below, 2 Sandf. 512.) This was an ejectment brought by Meakings against Cromwell and his tenants, for a house and lot of ground, at the northwesterly corner of Amity and Greene streets, in the city of New York. Both parties claimed title under Benjamin Hyde, who died seised of the premises in fee, on the 4th August 1835, and by his last will and…
1Opinion of the CourtRuggles, C. J.
It seems to be certain, that the testator, Benjamin Hyde, did not intend to devise the land in question, as such, to Benjamin Hyde Old, Joshua Hyde Old, his nephews, and Caroline Old, his niece. They were aliens, at the time the will was made, and at the death of the testator, and incapable, for that reason, of taking the land as devisees. But they were not incapable of taking the proceeds of the land, when sold; he, therefore, directed the land to be sold, and the net proceeds to be divided between the three persons above named. There was no devise of the land to these persons nor to any one…
2Cases cited2 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
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