Bartholomew v. Lyon
New York Supreme Court
THIS case came before the court on a case and exceptions, ordered to be first heard at Gteneral Term. The action was brought by the widow and heirs of Daniel Bartholomew, deceased intestate, for the recovery of real property, to wit, thirty acres in the south west corner of lot Ho. 5, of great lot Ho. 143 in the old town of Chemung, Chemung county.
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THIS case came before the court on a case and exceptions, ordered to be first heard at Gteneral Term. The action was brought by the widow and heirs of Daniel Bartholomew, deceased intestate, for the recovery of real property, to wit, thirty acres in the south west corner of lot Ho. 5, of great lot Ho. 143 in the old town of Chemung, Chemung county. The complaint alleged that Daniel Bartholomew died intestate, December, 1867, seised of the premises claimed; leaving the plaintiffs, who are his widow and heirs at law, him surviving; that in 1871 the defendant wrongfully entered into possession…
1Opinion of the Court
By the Court, Bockes, J.
The plaintiffs, except the widow of Daniel Bartholomew, deceased, are all infants, and appear by their mother, the widow, as their guardian ad litem, to prosecute the action. It is now objected that the complaint shows no cause of action as to the infant plaintiffs, that they, being infants, have no right to the possession of the land. The objection amounts to this, that being infants, they have no legal capacity to sue in ejectment. This objection was not taken by answer nor was it raised on the trial. According to the decision in Seaton v. Davis (1 Thomp & C., 91,)…
2Cases cited7 opinions
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Guy v. . MeadNew York Court of Appeals · 1860
- Holmes v. SeelyNew York Supreme Court · 1837
- Sylvester v. RalstonNew York Supreme Court · 1859
- Barrick v. AustinNew York Supreme Court · 1855
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3Cited by7 opinions
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