Jackson ex dem. M'Fail v. Crawfords
New York Supreme Court
This was an action of ejectment, tried at the Steuben circuit in January, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The plaintiffs claimed the premises in question as the heirs at law of their father, John M’Fail, late of Cohocton in the county of Steuben, where the premises are situate. The defendant is in possession under title derived from an administrator’s sale, by virtue of a surrogate’s order.
Read the full summary
This was an action of ejectment, tried at the Steuben circuit in January, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The plaintiffs claimed the premises in question as the heirs at law of their father, John M’Fail, late of Cohocton in the county of Steuben, where the premises are situate. The defendant is in possession under title derived from an administrator’s sale, by virtue of a surrogate’s order. The rights of the parties depend upon the validity of that sale. The surrogate of the county produced the records of his office, from which it appeared that on the 18th…
1Opinion of the Court
By the Court,
Sutherland, J.
The case of Jackson, ex dem. Jenkins v. Robinson, 4 Wendell, 436, was very similar to this. The plaintiff in that case claimed under a sale made by virtue of a surrogate’s order. He proved the letters of administration and the application, on the part of the surviving administrator, to the surrogate, setting forth the deficiency of personal assets, and requesting the aid of the surrogate. The several orders of the surrogate, made in pursuance of such application, were also proved. The defendant objected to the sufficiency of the evidence to entitle the plaintiff to…
2Cases cited1 opinion
- Jackson ex dem. Jenkins v. RobinsonNew York Supreme Court · 1830
3Cited by18 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- In Re LennonSupreme Court of the United States · 1897
- Board of Commissioners v. MarkleIndiana Supreme Court · 1874
- Morrow v. WeedSupreme Court of Iowa · 1856
- Palmer v. OakleyMichigan Supreme Court · 1847
13 more not listed; retrieve them via the Exa API.