Putnam v. Van Buren
New York Supreme Court
Before Willard, P. J. Hand, Cady and Allen, Justices. The plaintiff claiming title to certain real estate in Glenn in the county of Montgomery, under a deed from one Peter Putnam, dated about the 1st January 1839, some time in the year 1850, brought an action under the Code, against Peter P. Van Burén, to recover the possession of said land.
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Before Willard, P. J. Hand, Cady and Allen, Justices. The plaintiff claiming title to certain real estate in Glenn in the county of Montgomery, under a deed from one Peter Putnam, dated about the 1st January 1839, some time in the year 1850, brought an action under the Code, against Peter P. Van Burén, to recover the possession of said land. The defendant, Peter P. Van Burén, in his answer controverted the plaintiff’s title, and set up a title in himself, under the last will and testament of the said Peter Putnam, who is deceased. The issues between the parties were tried at a Circuit Court…
1Opinion of the Court
Willard, Justice.
It was not shown by the petition on which the order in this case was made, that the heirs of Peter Van Burén, the original defendant, were in possession of the premises sought to be recovered, or that they exercised acts of ownership on the premises claimed, or that they claimed title thereto, or any interest therein (2 R. S. 304, § 4). From their ages, the oldest being but eleven and the youngest but one year old, they can not be presumed to have done any act personally, to render them amenable to an action. The ground on which the order was made, substituting them as…
2Cited by10 opinions
- In re the Estate of CoffinNew York Surrogate's Court · 1934
- Taylor v. . TaylorNew York Court of Appeals · 1871
- Skinner v. BusseNew York Supreme Court · 1902
- Austin v. MonroeNew York Supreme Court · 1871
- People & Taylor v. Mayor of New YorkNew York Supreme Court · 1860
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