Putnam v. Ritchie
New York Court of Chancery
The bill in this cause was filed against the children and heirs of John Ritchie, deceased, one of whom was an infant, to restrain the further prosecution of an ejectment suit brought by them against the complainant, to recover the possession of a village lot, at Saratoga Springs, under the following circumstances: The premises in question were a part of lot No. 12, in the 16th allotment of the Kayaderosseras patent.
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The bill in this cause was filed against the children and heirs of John Ritchie, deceased, one of whom was an infant, to restrain the further prosecution of an ejectment suit brought by them against the complainant, to recover the possession of a village lot, at Saratoga Springs, under the following circumstances: The premises in question were a part of lot No. 12, in the 16th allotment of the Kayaderosseras patent. That lot, upon the partition of the patent, in 1772, fell to the original share of Rip Van Dam, and the title to the same, previous to the act of attainder of the 22d of October,…
1Opinion of the Court
The Chancellor.
The complainant’s objection to the part of the testimony of Mrs. McNelly which relates to the amount of the proceeds of the real and personal estate which she actually received from Seliick, her brother and agent, appears to be well taken. This testimony does not relate to any matter put in issue by the pleadings, and is wholly irrelevant. It is immaterial in this suit whether the property of the infants, which ought to have been appropriated for the payment or extinguishment of the rent of this lot or otherwise invested for their benefit, has been lost by the administratrix…
2Cases cited3 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Byrne v. Van HoesenNew York Supreme Court · 1809
- G., H. & S. A. R'y Co. v. SmithCourt of Appeals of Texas · 1884
3Cited by74 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- Stevens v. . MelcherNew York Court of Appeals · 1897
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- Gibert v. . PetelerNew York Court of Appeals · 1868
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