Ebling v. . Dreyer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 2, 1894, directing judgment in favor of the defendant for damages and costs, upon the submission of a controversy without action, under section 1279 of the Code of Civil Procedure.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 2, 1894, directing judgment in favor of the defendant for damages and costs, upon the submission of a controversy without action, under section 1279 of the Code of Civil Procedure. On the 11th of August, 1863, Joseph Cudlipp died seized of a tract of land in the town of Morrisania, consisting of about ten acres, which, by his will dated June 20th, 1862, and admitted to probate September 22nd, 1863, he devised, as follows, viz.: “ Item. The piece of ground owned by…
1Opinion of the CourtVann, J.
This appeal presents a question of power on the part of the legislature to pass the statute in question (L. 1872, ch. 479), and of regularity on.the part of .the Supreme Court in its proceedings under the statute.
The power of the legislature by special act to authorize a sale .of infants’ lands, including the future contingent interests of those not in being, is well established in this state. In the case of Clarke v. Van Surlay (15 Wend. 436) it was held by the Supreme Court that where the rents and profits of land are given to a father during his life, with remainder in fee to his lawful…
2Cases cited6 opinions
- Cochran v. Van SurlayNew York Supreme Court · 1838
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Leggett v. . HunterNew York Court of Appeals · 1859
- Brevoort v. . GraceNew York Court of Appeals · 1873
- Clarke v. Van SurlayNew York Supreme Court · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. Madison Avenue Building Co.New York Court of Appeals · 1915
- Taussig v. Van DeusenCourt of Appeals of Maryland · 1944
- Davidson v. JonesAppellate Division of the Supreme Court of the State of New York · 1906
- Armstrong v. HellwigSouth Dakota Supreme Court · 1945
- Minister, Elders & Deacons of Reformed Protestant Dutch Church v. Madison Avenue Building Co.Appellate Division of the Supreme Court of the State of New York · 1914
9 more not listed; retrieve them via the Exa API.