Hart v. Coltrain
New York Supreme Court
This was an action of ejectment, tried at the Cayuga circuit in October, 1835, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action of ejectment, tried at the Cayuga circuit in October, 1835, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiffs are the heirs at law of Jacob Hart, of Wilkesbarre, in the state of Pennsylvania, who died seized of the premises in the year 1811. The defendant made title to the premises under a sale thereof by virtue of an order of the judge of the court of probates of this state, made 4th August, 1814, on the petition of one David Ogden, to whom letters of administration on the estate of Jacob Hart had been granted by the judge of the court of probates…
1Opinion of the Court
By the Court,
Bronson, J.
The jurisdiction of the late court of probates, although it has several times come under consideration, seems never to have been very accurately *380defined; Goodrich v. Pendleton, 4 Johns. Ch. 549; Vanderheyden v. Reid, Hopk. 408; and it will not be necessary to go much at large into the question on the present occasion. The plaintiffs go back of the petition and proceedings for the sale of the real estate, and attack the letters of administration. In England, if the bishop or inferior judge grant probate or administration when it does not belong to him, the proceeding is…
2Cases cited2 opinions
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
- Goodrich v. PendletonNew York Court of Chancery · 1820
3Cited by2 opinions
- Hollister v. HollisterNew York Supreme Court · 1854
- Hart v. ColtrainNew York Supreme Court · 1840