Jackson ex dem. Bear v. Irwin
New York Supreme Court
This was an action of ejectment, tried at the Seneca circuit in December, 1831, before the Hon. Daniel Moseley, one of the circuit judges. The lessor of the plaintiff claimed to recover an undivided third of a village lot, called lot No. 19, in or near the village of Waterloo.
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This was an action of ejectment, tried at the Seneca circuit in December, 1831, before the Hon. Daniel Moseley, one of the circuit judges. The lessor of the plaintiff claimed to recover an undivided third of a village lot, called lot No. 19, in or near the village of Waterloo. The lot is part of a tract of 100 acres conveyed to the father of the lessor by the surveyor general of the state, by deed bearing date in 1804. The lessor was born in 1807, and in the same year his father died, leaving four children, one of whom died without issue. The defence set up was under an administrator’s deed,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The lessor, as one of the heirs at law of S. Bear, deceased, is entitled to recover, unless the heirs have been divested by operation of law. The statute of 1801 gave to the surrogate power to make an order authorizing the executors or administrators to sell and convey the real estates of their testators or intestates, whenever it should be shewn to be necessary for the payment of debts. It has been decided, in Jackson v. Robinson, 4 Wendell, 440, that the suggestion of the administrator by way of petition, accompanied by an account, is sufficient to give the…
2Cited by6 opinions
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- Fleming v. JohnsonSupreme Court of Arkansas · 1871
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