Mattoon v. . Young
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fourth district, affirming a judgment in favor of the plaintiffs, entered on the report of Hon. Henry L. Knowles, referee. This was an action of ejectment tor certain lands in St. Lawrence county. It was commenced hy Harvey Mattoon as sole plaintiff. An answer was interposed, setting up adverse possession, and the widow and heirs-at-law were thereupon made plaintiffs, under section 111 of the Code.
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Appeal from an order of the General Term of the Supreme Court in the fourth district, affirming a judgment in favor of the plaintiffs, entered on the report of Hon. Henry L. Knowles, referee. This was an action of ejectment tor certain lands in St. Lawrence county. It was commenced hy Harvey Mattoon as sole plaintiff. An answer was interposed, setting up adverse possession, and the widow and heirs-at-law were thereupon made plaintiffs, under section 111 of the Code. The plaintiffs are the widow and heirs of one John Mattoon. In 1855 John Mattoon executed a deed of the premises in question to…
1Opinion of the CourtGeovee, J.
The counsel for the appellant insists that the suit was not prosecuted by the heirs of John Mattoon for the recovery by them of any estate descended to them as heirs, but that they are mere nominal parties, having no interest in the action, which is prosecuted for the benefit of Harvey Mattoon, the grantee of John, pursuant to section 111 of the Code, the grant being void, for the. reason that the lands were at the time held adversely to the title of John Mattoon; and that therefore the case does not come within section 399 of the Code, declaring witnesses, under the circumstances specified,…
2Cases cited1 opinion
- Jackson ex dem. Munroe v. ParkhurstNew York Supreme Court · 1832
3Cited by18 opinions
- Palms v. Shawano CountyWisconsin Supreme Court · 1884
- Zane v. FinkWest Virginia Supreme Court · 1881
- Chadwick v. . FonnerNew York Court of Appeals · 1877
- In re the Estate of ChristieNew York Surrogate's Court · 1938
- Dunn v. BaileyWashington Supreme Court · 1927
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