Holmes v. Seely
New York Supreme Court
This was an action of ejectment, tried at the Westchester circuit in January, 1835, before the Hon. Charles H. Ruggles, one of the circuit judges.
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This was an action of ejectment, tried at the Westchester circuit in January, 1835, before the Hon. Charles H. Ruggles, one of the circuit judges. The declaration contained two counts: in the first, the plaintiff stated that he claimed the premises for the recovery of which the action was brought, for the term of the natural life of Anna Dan, the widow of Hezekiah Dan, deceased; and in the second, lie claimed the premises for the term of tho natural life of Anna Dan, widow of Hezekiah Dan, deceased, by virtue of the last will and testament of the said Hezekiah Dan, as administrator thereof'.…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
There can be no doubt, if the plaintiff establish any title to the premises in question, authorizing a recovery against the defendant, or sufficient to put him upon his defence, it was not such a title as is described in either of the counts of the declaration. He [77] proved no estate in the premises during the natural life of Anna D in, either in his own right, or as administrator with the will annexed.
The legal estate I think passed under the will to the grand-children, the children of the plaintiff; the proportions they are to take in the ultimate partition, may…
2Cases cited4 opinions
- Day v. AlversonNew York Supreme Court · 1832
- Combs v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Borst v. GriffinNew York Supreme Court · 1832
- Harrison v. StevensNew York Supreme Court · 1834
3Cited by27 opinions
- Cagger v. . LansingNew York Court of Appeals · 1876
- Ryerss v. WheelerNew York Supreme Court · 1839
- Torry v. . BlackNew York Court of Appeals · 1874
- Hinman v. BoothNew York Supreme Court · 1839
- Kellogg v. KelloggNew York Supreme Court · 1849
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