Combs v. Jackson
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This was an action of trespass for the mesne profits of a lot in the town of Ovid in the county of Seneca. From the special verdict found by the jury, it appears there was a recovery by default in an action of ejectment in the name of James Jackson, on the demise of Peter Smith, against the casual ejector, and that Peter Combs was the tenant in possession.
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Error from the supreme court. This was an action of trespass for the mesne profits of a lot in the town of Ovid in the county of Seneca. From the special verdict found by the jury, it appears there was a recovery by default in an action of ejectment in the name of James Jackson, on the demise of Peter Smith, against the casual ejector, and that Peter Combs was the tenant in possession. The demise was laid on the 20th March, 1819, and the lessor obtained possession in August, 1824, by the surrender to him of the premises. Smith, the lessor of the plaintiff, was an infant. He attained the age…
1Opinion of the Court
The Chancellor.
At the common law, if lands held in socage came to an infant by descent, his nearest relative# who could not by any possibility inherit the lands, was his guardian in socage until the age of fourteen, and until the infant selected a guardian for himself. Such guardian might lawfully receive the rents and profits of the land during the 'continuance of the guardianship. If the lands descended from the father or other paternal relatives, the mother or next of bin on the part of the mother was the guardian; and if the lands descended on the part of the mother, the father or next of…
2Cases cited2 opinions
- May v. CalderMassachusetts Supreme Judicial Court · 1806
- Genet v. TallmadgeNew York Court of Chancery · 1814
3Cited by8 opinions
- Fonda v. Van HorneNew York Supreme Court · 1836
- Holmes v. SeelyNew York Supreme Court · 1837
- Porter v. BleilerNew York Supreme Court · 1853
- In re GoodchildNew York Surrogate's Court · 1936
- Ferguson v. Phoenix Mutual Life InsuranceSupreme Court of Vermont · 1911
3 more not listed; retrieve them via the Exa API.