Roe v. Swezey
New York Supreme Court
The complaint in this cause alledged that on the 1st of January, 1845, William Rose, the father of the defendants, made and delivered to the plaintiff a promissory note for §71,72, payable on demand, with interest; which note was still due and unpaid. That Rose died intestate, in November, 1847, leaving no personal property, and no real estate except his interest in two tracts of land described in the complaint.
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The complaint in this cause alledged that on the 1st of January, 1845, William Rose, the father of the defendants, made and delivered to the plaintiff a promissory note for §71,72, payable on demand, with interest; which note was still due and unpaid. That Rose died intestate, in November, 1847, leaving no personal property, and no real estate except his interest in two tracts of land described in the complaint. That William Rose, being seised in fee of those tracts, on the 22d day of December, 1841, made and executed to William Swezey, William Phillips and Isaac Overton, a deed thereof, upon…
1Opinion of the CourtBrown, J.
This action is prosecuted against the defendants, as heirs at law of William Bose, deceased, who died intestate, to recover a simple contract debt, due and owing from the deceased in his lifetime, and at the time of his death, and from whom it is alledged the defendants have inherited certain lands by descent. The action was commenced in January, 1850, the ancestor died on the 22d day of November, 184T, and the indebtedness is sufficiently established by the 'proof. The questions in controversy are, 1st. Whether the defendants take the lands described in the complaint, by descent from William…
2Cases cited1 opinion
- Butts & Havens v. GenungNew York Court of Chancery · 1835
3Cited by5 opinions
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