Gilkinson v. Miller
U.S. Circuit Court for the District of Northern New York
This is an action of ejectment. The plaintiff, who is a resident of New Jersey, seeks to oust the defendant from the possession of certain real property situated in the city of Troy, commonly known as “122 Congress street.” Prior to the 14th of December, 1876, the property was owned by one Elizabeth Shappo, who on that day, departed this life, leaving a last will and testament by which said property was devised to the plaintiff, who was then an infant.
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This is an action of ejectment. The plaintiff, who is a resident of New Jersey, seeks to oust the defendant from the possession of certain real property situated in the city of Troy, commonly known as “122 Congress street.” Prior to the 14th of December, 1876, the property was owned by one Elizabeth Shappo, who on that day, departed this life, leaving a last will and testament by which said property was devised to the plaintiff, who was then an infant. The surrogate of Rensselaer county refused to admit said will to probate, and the said property remained in the possession of John A. Shappo,…
1Opinion of the Court
COXE, District Judge.
Two question» of law are presented. First. Is I he cansí' of action barred by section 2028 of the New York Code of Civil Procedure? Second. Is it barred by the acceptance by the olaiutiff, while yet an infant, of the sum of .*$1,000 in full settlement of all claims against Elizabeth Shappo or her estate?
Section 2028 provides, in substance, that the title of a bona tide purchaser for value from the heir of a person who died seised of real property, shall not be affected by a devise of the property made by the latter, unless within four years from (ho testator's *134death, the…
2Cases cited6 opinions
- Felix v. PatrickSupreme Court of the United States · 1892
- Brush v. WareSupreme Court of the United States · 1841
- Sims v. EverhardtSupreme Court of the United States · 1880
- Reed v. . GannonNew York Court of Appeals · 1872
- Ellis v. . HorrmanNew York Court of Appeals · 1882
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