Jackson ex dem. Hall v. Burr
New York Supreme Court
THIS was an action of ejectment, brought to recover the one eighth part of a farm in Canaan, in the county of Columbia. The cause was tried, in December, 1811, before Mr. Justice Yates. A verdict was taken for the plaintiff subject to the opinion of the court, on the following case.
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THIS was an action of ejectment, brought to recover the one eighth part of a farm in Canaan, in the county of Columbia. The cause was tried, in December, 1811, before Mr. Justice Yates. A verdict was taken for the plaintiff subject to the opinion of the court, on the following case. Gideon Burr, father of the defendant, and grandfather of the lessors of the plaintiff, died seised of the farm in question, in 1791, leaving seven children, and one granddaughter, his heirs at law. Elizabeth, one of the children, married Benjamin Hall, and both died, leaving the lessors, their heirs at law. The…
1Per curiam
There is no devise of the real estate to the defendant. There is nothing which denotes such an intent. The defendant had his specific legacy in money, with the rest of the children. He. is not distinguished from the other heirs, in any other respect than that he is made executor. The most that could be deduced from the will is, that the executors had power to sell the land, and if that were so, the land in the mean time, and until the sale, would descend to the heirs at law. There must be judgment for the plaintiff.
Judgment for the plaintiff.
2Cited by9 opinions
- Schauber v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Compton v. McMahanMissouri Court of Appeals · 1885
- Roosevelt v. Heirs of FultonNew York Supreme Court · 1827
- Jackson ex dem. Bogert v. SchauberNew York Supreme Court · 1827
- Decker v. HoagNew York Supreme Court · 1917
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