Cheeney v. Arnold
New York Supreme Court
The complaint alleged that the plaintiffs in right of Phila Cheeney were lawfully possessed of, or entitled to, a certain farm in the town of New Berlin, Chenango county, formerly owned by Charles Harris, deceased, the father of said Phila, she being his only child. The plaintiffs claimed this farm in, fee, subject to a dower right therein of Betsey Pike, formerly the wife of Charles Harris, deceased.
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The complaint alleged that the plaintiffs in right of Phila Cheeney were lawfully possessed of, or entitled to, a certain farm in the town of New Berlin, Chenango county, formerly owned by Charles Harris, deceased, the father of said Phila, she being his only child. The plaintiffs claimed this farm in, fee, subject to a dower right therein of Betsey Pike, formerly the wife of Charles Harris, deceased. That the plaintiffs being so possessed of said farm, the defendant entered into the possession thereof, on or before the first day of September, 1845, and had' ever since continued to occupy the…
1Opinion of the Court
By the Court, Crippen, P. J.
It appears from the case that most of the' testimony introduced on the trial had either been taken on commission or conditionally, under the statute. Nearly every question put to the witnesses on the part of the defendant was objected to by the plaintiffs’ counsel, and the answers taken subject to such objections. The same objections were again made on the trial and overruled by the court. Upon a careful examination of the testimony, and the various objections made by the plaintiffs’ counsel thereto, we are satisfied that no material error was committed by the…
2Cases cited3 opinions
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Brinckerhoof v. RemsenNew York Court of Chancery · 1840
- Brewster v. BakerNew York Supreme Court · 1853
3Cited by11 opinions
- State v. OgdenOregon Supreme Court · 1901
- In re the Proceedings for Probate of the Last Will & Testament of BriggsAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Probate of the Will of OliverNew York Surrogate's Court · 1895
- In re the Estate of GrubeNew York Surrogate's Court · 1938
- Lawrence v. NortonNew York Supreme Court · 1866
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