Cole v. . Gourlay
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a decision •of the court on trial at Special Term. (Reported below, 9 Hun, 493.) This was an action of ejectment to recover possession of certain promises situate in the city of Ogdensburgh.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a decision •of the court on trial at Special Term. (Reported below, 9 Hun, 493.) This was an action of ejectment to recover possession of certain promises situate in the city of Ogdensburgh. Joseph Cole, father of the plaintiffs, died in 1836, seized of the premises, and leaving a widow and four children, all minors, him surviving. He left a will, by which he devised the same to his wife for life, remainder to plaintiffs; the wife was…
1Opinion of the CourtMiller, J.
The defendants’ title is derived by virtue Of certain proceedings to sell the real estate of the infant children of Joseph Cole deceased. These proceedings were instituted upon the theory that the deceased died without leaving a last will and testament, and a deed was executed to one Sherman in 1841, Avho took possession under the same, and occupied until 1846, Avhen he conveyed to William Kendrick, under Avhom the defendants have occupied the premises, claiming adversely to the plaintiffs for more than twenty years. The plaintiffs claim that the title to the land was not divested by the…
2Cases cited4 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Harris v. . HarrisNew York Court of Appeals · 1863
- Webster v. Van SteenberghNew York Supreme Court · 1864
- O'Reilly v. KingThe Superior Court of New York City · 1865
3Cited by11 opinions
- Seitz Estates, Inc. v. SeitzAppellate Division of the Supreme Court of the State of New York · 1929
- In re the Probate of a Paper Propounded as the Last Will & Testament of ConnellNew York Surrogate's Court · 1912
- In re WhiteAppellate Division of the Supreme Court of the State of New York · 1899
- Matter of BenedictNew York Court of Appeals · 1925
- Marks v. HalliganAppellate Division of the Supreme Court of the State of New York · 1901
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