Sheldon v. . Wright
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the seventh' district, where judgment had been rendered in favor of the defendant, upon a special verdict. (Reported below, 7 Barb. 39.) This was an ejectment to recover possession of the undivided third part of a farm in the town of Brutus, in Cayuga county, of which the plaintiff claimed to be the owner in fee.
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Appeal from the general term of the Supreme Court, in the seventh' district, where judgment had been rendered in favor of the defendant, upon a special verdict. (Reported below, 7 Barb. 39.) This was an ejectment to recover possession of the undivided third part of a farm in the town of Brutus, in Cayuga county, of which the plaintiff claimed to be the owner in fee. On the trial, at the Cayuga circuit, in April 1848, before Sill, J., there was a special verdict, embodying the following facts: * Aaron B. Sheldon, of the town of Brutus, in Cayuga county, died in February 1826, seised-in fee of…
1DissentGray, J.
{Dissenting) — The first question here pre-
sented, is upon the sufficiency of the: affidavit of Aaron B. Sheldon, to confer jurisdiction upon the surrogate. The petition which it was the object of the affidavit to verify, is full and sufficient; the alleged defect is in the affidavit. That states “ that the material facts, stated in the petition, are true, according to the best knowledge and belief” of the petitioner. *The question, being jurisdictional, is not whether the surrogate erred as to the sufficiency of the proof to establish the facts stated in the petition, but whether the…
2Cases cited9 opinions
- Striker v. KellyNew York Supreme Court · 1845
- Atkins v. KinnanNew York Supreme Court · 1838
- Olcott v. . RobinsonNew York Court of Appeals · 1860
- Doughty v. HopeNew York Supreme Court · 1846
- Varick v. TallmanNew York Supreme Court · 1848
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