Rea v. M'Eachron
New York Supreme Court
This was an action of ejectment, tried at the Washington circuit in November, 1832, before the Hon. Esek Cowen, one of the circuit judges. The plaintiffs claimed the premises in question as the heirs at law of their father, Samuel Rea, who, nineteen years previous to the trial, died, seised and possessed of the same.
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This was an action of ejectment, tried at the Washington circuit in November, 1832, before the Hon. Esek Cowen, one of the circuit judges. The plaintiffs claimed the premises in question as the heirs at law of their father, Samuel Rea, who, nineteen years previous to the trial, died, seised and possessed of the same. The defendants offered to prove that after the death of Samuel Rea, to wit, on the 23d November, 1813, letters of administration, with the will annexed, were in due form of law granted by the surrogate of Washington county to James W. Gillis and Archibald J. Gillis, to administer…
1Opinion of the Court
*468 By the Court,
Sutherland, J.
Previously to 1819, no order of confirmation of such sales, by the surrogate, was required. Under the act of 1813, 1 R. L. 451, § 24, the conveyances upon such sales were required to be executed by the executors or administrators, applying for the order, and such other discreet person or persons as the surrogate might think proper to appoint; and the order of sale was to be set forth at large in the deed. On the 12th of April, 1819, Latos of 1819, p. 214, an act was passed, by the first section of which it was provided, “ That wherever a sale had been made,by…
2Cases cited2 opinions
- Jackson ex dem. Jenkins v. RobinsonNew York Supreme Court · 1830
- Jackson ex dem. Bear v. IrwinNew York Supreme Court · 1833
3Cited by14 opinions
- Atkins v. KinnanNew York Supreme Court · 1838
- Sheldon v. WrightNew York Supreme Court · 1849
- Hammann v. MinkIndiana Supreme Court · 1884
- Stilwell v. . SwarthoutNew York Court of Appeals · 1880
- Battell v. . TorreyNew York Court of Appeals · 1875
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