Fox v. Lipe
New York Supreme Court
This was an action of ejectment, tried at the Montgomery circuit in May, 1839, before the Hon. John Willard, one of the circuit judges. The plaintiff claimed to recover one-sixth part of a farm of 120 acres, whereof his father, Peter W. Pox, died seized in June, 1816, leaving him and five other infant children his heirs at law.
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This was an action of ejectment, tried at the Montgomery circuit in May, 1839, before the Hon. John Willard, one of the circuit judges. The plaintiff claimed to recover one-sixth part of a farm of 120 acres, whereof his father, Peter W. Pox, died seized in June, 1816, leaving him and five other infant children his heirs at law. The defendant gave in evidence letters of administration to the widow of the deceased ; also two orders (with other proceedings,) of the surrogate of Montgomery, directing the sale of portions of the lands of the intestate for the payment of his debts —the one order…
1Opinion of the Court
By the Court,
Bronson, J.
Under the act of 1813, some discreet person or persons, to be appointed by the surrogate, was to unite with the, executor or administrator in making conveyances under an order of sale by the surrogate. 1 R. L. 451, § 34. On the 12th of April, 1819, an act was passed, repealing this section, and providing, that on sales thereafter to be made, it should be the duty of "the executor or administrator [ *167 ] to make a return of the *proceedings on the order for a sale, to the surrogate, who should examine the same, and if it should appear that the sale had been legally made,…
2Cited by4 opinions
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- Trimm v. . MarshNew York Court of Appeals · 1874