Jackson ex dem. Jenkins v. Robinson
New York Supreme Court
This was an action of ejectment, tried at the Jefferson circuit in December, 1828, before the Hon. Nathan Williams, one of the circuit judges. The lessor of the plaintiff claimed to recover the premises in question under a deed from an administrator, in pursuanee of a sale by virtue of a surrogate’s order, directing the real estate of the intestate tobe sold for the payment of his debts.
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This was an action of ejectment, tried at the Jefferson circuit in December, 1828, before the Hon. Nathan Williams, one of the circuit judges. The lessor of the plaintiff claimed to recover the premises in question under a deed from an administrator, in pursuanee of a sale by virtue of a surrogate’s order, directing the real estate of the intestate tobe sold for the payment of his debts. The intestate died in 1813, and administration of his estate in the same year was granted to Huldah Doolittle and Joseph McKee by the then surrogate of the county of Jefferson. In January, 1827, a petition…
1Opinion of the Court
By the Court,
Marcy, J.
However extraordinary or erroneous be the determination and proceedings of a court of limited authority, if it acts within its proper jurisdiction as to the subject matter, place and person, its judgment or decree cannot be impeached or invalidated in a collateral action.. This case presents the question—what is necessary to give a surrogate jurisdiction where real estate is directed to be sold to supply a deficiency in the assets to pay the debts of a testator or intestate? The argument on behalf of the defendant seemed to proceed on the assumption that an actual…
2Cases cited1 opinion
- Murray v. BlatchfordCourt for the Trial of Impeachments and Correction of Errors · 1828
3Cited by30 opinions
- Board of Commissioners v. MarkleIndiana Supreme Court · 1874
- Palmer v. OakleyMichigan Supreme Court · 1847
- Atkins v. KinnanNew York Supreme Court · 1838
- Gavin v. GraydonIndiana Supreme Court · 1873
- Sheldon v. . WrightNew York Court of Appeals · 1851
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