Chandler v. Northrop
New York Supreme Court
MOTION for a new trial, upon exceptions taken at the trial, and ordered to be heard at the general term. The action was brought to recover the possession of real estate.
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MOTION for a new trial, upon exceptions taken at the trial, and ordered to be heard at the general term. The action was brought to recover the possession of real estate. The plaintiffs gave in evidence a conveyance including the premises, executed by Wilhem Willink and others to John Livingston, dated June 15,1816 ; also a deed from Livingston and wife to Isaac Chandler, dated March 9, 1818 ; also a deed from Isaac Chandler and wife to Josiah Y. Chandler, dated , September 14, 1828. These deeds were duly recorded. The quantity of land conveyed was 175 acres. Josiah Y. Chandler entered under…
1Opinion of the Court
By the Court, Marvin J.
It was conceded upon the argument that, by the law as settled in this state, the sale of the land, under the order of the surrogate, was void as to the plaintiffs unless a guardian was actually appointed for the infants Adula and Clinton. (Bloom and others v. Burdick, 1 Hill, 130. Schneider v. McFarland, 2 Comst. 459.) It was claimed, however, by the defendant’s counsel, that the onus, as to the appointment of guardians, was upon the plaintiffs, and he relied upon the act of 1850 as producing this result. Prior to that act the onus would have been upon the defendant,…
2Cases cited2 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Goldsmid v. Lewis County BankNew York Supreme Court · 1849
3Cited by2 opinions
- Wood v. McChesneyNew York Supreme Court · 1863
- Wallace v. FeelyNew York Court of Common Pleas · 1882