Burtis v. Burtis
New York Supreme Court
Appeal from special term, Albany county. Action by Sarah Burtis, in her own right, and as executrix of Elizabeth Cleveland, deceased, against Sarah Burtis, as administratrix of James G. Cleveland, deceased, and Caroline L. Kerr, and other defendants.
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Appeal from special term, Albany county. Action by Sarah Burtis, in her own right, and as executrix of Elizabeth Cleveland, deceased, against Sarah Burtis, as administratrix of James G. Cleveland, deceased, and Caroline L. Kerr, and other defendants. The complaint is for the foreclosure of one mortgage given by James G. Cleveland, now deceased, to secure the payment of two bonds,—one for $1,142.55, to the plaintiff, Sarah Burtis, and the other, for $1,021.53, to Elizabeth Cleveland, now deceased. Sarah Burtis is the executrix of, etc., of Elizabeth Cleveland, and the administratrix of, etc.,…
1Opinion of the CourtLandon, J.
That a person cannot sue himself is a common-law rule, but in equity this technicality does not stand in the way of justice. Cole v. Reynolds, 18 N. Y. 74. Neilly v. Neilly, 23 Hun, 651, is an authority for such an action as this. The case was reversed in 89 N. Y. 353, because of a former adjudication. Lyon v. Lyon, 67 N. Y. 250, was another such action, and the practice was not questioned. Although the plaintiff sues both in her own right and as executrix, and names herself, in her capacity as administratrix, etc., of James G. Cleveland, as defendant, she does not, and probably cannot,…
2Cases cited2 opinions
- Cole v. . ReynoldsNew York Court of Appeals · 1858
- Lyon v. . LyonNew York Court of Appeals · 1876
3Cited by1 opinion
- Kline v. EllettAppellate Division of the Supreme Court of the State of New York · 1915