Hotchkiss v. Auburn & Rochester Rail Road
New York Supreme Court
THIS action was brought by Leman B. Hotchkiss and Lucretia his wife, to recover the undivided half of 3 6-10th acres of land in the town of Phelps, county of Ontario.
Read the full summary
THIS action was brought by Leman B. Hotchkiss and Lucretia his wife, to recover the undivided half of 3 6-10th acres of land in the town of Phelps, county of Ontario. The action was commenced on the 17th day of May, 1849, and was tried in February, 1861. It was proved or admitted on the trial that Thaddeus Oaks, of the town of Phelps, died in 1824, seised of a farm in that town, called the Oaks farm, embracing the premises in question, leaving him surviving his wife Fanny, and two children, Hathan and Lucretia; that Thaddeus Oaks had owned and possessed such farm, and had lived and resided…
1Opinion of the Court
By the Court,
E. Darwin Smith, J.
The exceptions which should, properly, be first considered, in the examination of this case, relate to the parties prosecuting the action, and their right to maintain the same. The objection is that the order of the 27th of September, 1858, substituting the present plaintiff in the place and stead of Lucretia Hotchkiss, deceased, and the order of the date of September 12, 1860, refusing to set aside said order, were improperly admitted in evidence. These exceptions cannot be sustained. These orders were not the proper matters of evidence or exception. They…
2Cases cited3 opinions
- Budd v. BinghamNew York Supreme Court · 1854
- Wickham v. FreemanNew York Supreme Court · 1815
- Frost v. DuncanNew York Supreme Court · 1855
3Cited by5 opinions
- Patellis v. TannerSupreme Court of Georgia · 1945
- Indiana, Bloomington & Western Railway Co. v. BrittinghamIndiana Supreme Court · 1884
- Van Alstine v. McCartyNew York Supreme Court · 1868
- Pierce v. TuttleNew York Supreme Court · 1873
- Railway Co. v. O'HarraOhio Supreme Court · 1893