Legal Opinion

Doherty v. Matsell

The Superior Court of New York City

Decided March 15, 1886PublishedCited by 2 opinions

Appeal from an order allowing the revival and continuance of an action, and an hmendment of the complaint nunc pro tunc.

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Appeal from an order allowing the revival and continuance of an action, and an hmendment of the complaint nunc pro tunc. Mary Ann Doherty, and others, as grantors of Charles Jones, brought this action of ejectment against George W. Matsell, Jr. and another, under the Code of Civil Procedure, section 1501. The complaint alleged that the plaintiffs at the time of the conveyance thereinafter set forth, were the owners in fee simple absolute and entitled to the possession of a certain piece of real estate particularly described; that at the time of said conveyance the defendants were and thence…

1Opinion of the Court

Sedgwick, Ch. J.

—On the first impression, it would seem that in, such a case the successors or representatives in interest of the deceased plaintiffs are not the executors of their wills, but their heirs or devisees. As no notice was taken of this on the argument, it may be presumed that in some way the executors are tenants in common with the surviving plaintiffs.

In Hasbrouck v. Bruce (62 N. Y. 483), the court of appeals said of a like case that if the defect of parties had existed at the time of the commencement of the action, it would have been waived by the failure to take the objection…

2Cases cited1 opinion

  1. Hasbrouck v. . BunceNew York Court of Appeals · 1875

3Cited by2 opinions

  1. Paget v. PeaseNew York Supreme Court · 1889
  2. Ætna Insurance v. Mayor of New YorkNew York Supreme Court · 1895

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