Legal Opinion

Peck v. Young

New York Supreme Court

Decided July 1, 1841PublishedCited by 6 opinions

ERROR from the Supreme Court. Mary Young brought an action of ejectment against Samuel Peck, in the superior court of the city of New-York, for the recovery of an undivided moiety of a house and lot in the city of New-York, whereof her father, James Knox, died seized, in 1823. James Knox was a Scotchman by birth, and came to this state in 1774, leaving his daughter, the plaintiff in this case, in the care of his father, her mother having previously died.

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ERROR from the Supreme Court. Mary Young brought an action of ejectment against Samuel Peck, in the superior court of the city of New-York, for the recovery of an undivided moiety of a house and lot in the city of New-York, whereof her father, James Knox, died seized, in 1823. James Knox was a Scotchman by birth, and came to this state in 1774, leaving his daughter, the plaintiff in this case, in the care of his father, her mother having previously died. He remained in this state until his death, having, in 1816, acquired the property in question by purchase. The plaintiff was horn in…

1Opinion of the Court

After advisement the following opinions were delivered:

By the Chancellor.

This case turns upon the capacity of Mary Young, to inherit lands from her father in this state, which he purchased in 1816, and owned at the time of his death, in 1823. James Knox, the father, was a native of Scotland, and emigrated to this country in 1774, leaving his daughter Mary, then an infant two or three years of^age, under the care of her paternal grandfather. *621She subsequently married in Scotland, and continued there until after the death of her husband, in 1826, and then came to this country with her daughter,…

2Cited by6 opinions

  1. Crane v. ReederMichigan Supreme Court · 1872
  2. Ludlam v. . LudlamNew York Court of Appeals · 1863
  3. United States ex rel. Betty v. DayCourt of Appeals for the Second Circuit · 1928
  4. State ex rel. Childs v. StreukensSupreme Court of Minnesota · 1895
  5. Ludlam v. LudlamNew York Court of Appeals · 1863

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