Hart v. Coltrain
New York Supreme Court
In October, 1835, the plaintiffs in this cause obtained a verdict, which was set aside, and a new trial granted in May term, 1838. See 19 Wendell, 378. The cause was again tried, and a verdict found for the defendant. The plaintiffs, on a bill of exceptions, now move for a new trial. The action was ejectment, and the plaintiffs claimed to recover as the heirs at law of Jacob Hart.
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In October, 1835, the plaintiffs in this cause obtained a verdict, which was set aside, and a new trial granted in May term, 1838. See 19 Wendell, 378. The cause was again tried, and a verdict found for the defendant. The plaintiffs, on a bill of exceptions, now move for a new trial. The action was ejectment, and the plaintiffs claimed to recover as the heirs at law of Jacob Hart. The defendant claimed under a sale by virtue of an order of the judge of the court of probates of this state, made in 1814, on the petition of the administrator of the estate of Jacob Hart. The plaintiffs objected,…
1Opinion of the Court
By the Court,
Bronson, J.
On a second trial of this action, see 19 Wendell, 378, the defendant obtained a verdict, and the plaintiffs took exceptions. The plaintiffs, among other things, objected that the judge of the court of probates *had no jurisdiction to order a sale [ *15 ] of the real estate, because it did not appear that the administrator made and presented to the judge an account of the personal estate and debts of the intestate. 15 Wend. 450. 19 id. 334. 20 id. 241. By way of answer to this objection, the defendant has, since the trial, produced an exemplified copy of an affidavit made…
2Cases cited1 opinion
- Hart v. ColtrainNew York Supreme Court · 1838
3Cited by1 opinion
- In re MagnusNew York Court of Common Pleas · 1893