Cheney v. Arnold
New York Court of Appeals
The action was by husband and wife, to recover a farm claimed by the plaintiffs, in the right of the wife, as only child and heir-at-law of one Charles Harris. The cause was tried by jury, before Mr. Justice Shankland, at the Chenango circuit. A verdict was rendered for the defendant, and the judgment thereupon affirmed by the Supreme Court at general term.
Read the full summary
The action was by husband and wife, to recover a farm claimed by the plaintiffs, in the right of the wife, as only child and heir-at-law of one Charles Harris. The cause was tried by jury, before Mr. Justice Shankland, at the Chenango circuit. A verdict was rendered for the defendant, and the judgment thereupon affirmed by the Supreme Court at general term. Very numerous exceptions were taken and several questions discussed, but the case turned upon the legitimacy of the plaintiff, Mrs. Cheney. All the facts pertinent to the question are stated in the following opinion.
1Opinion of the CourtDenio, C. J.
The plaintiff, Phila Cheney, claims to be the daughter of Charles Harris, who is admitted to have been seized of the premises, claimed in this action, and she seeks to recover as his heir. The defendant claims under a conveyance from her mother, Betsey Pike, formerly Betsey Harris; and he insists that the plaintiff is not the legitimate daughter of Charles Harris, and cannot therefore inherit from him, though it is not denied that she is his natural daughter.
Upon the question of the plaintiff’s legitimacy there was no room for controversy about the facts. It was proved by the plaintiff’s own…
2Cases cited6 opinions
- Fenton v. ReedNew York Supreme Court · 1809
- Rose v. ClarkNew York Court of Chancery · 1841
- Jackson, ex rel. Dies v. WinneNew York Supreme Court · 1831
- Gillet v. MeadNew York Supreme Court · 1831
- Brownell v. McEwenNew York Supreme Court · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Despard v. . ChurchillNew York Court of Appeals · 1873