Sand v. Church
New York Supreme Court
Action from circuit court, Albany county. Three actions by Ella D. Sand, Charles Shafer, and Edward Shafer, respectively, against Henrietta Church and Joseph Drum. From a judgment in favor of defendants' in each case, plaintiffs appeal.
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Action from circuit court, Albany county. Three actions by Ella D. Sand, Charles Shafer, and Edward Shafer, respectively, against Henrietta Church and Joseph Drum. From a judgment in favor of defendants' in each case, plaintiffs appeal. The actions were originally brought against Walter S. Church, who died December 7, 1890, leaving a last wifi and testament, which was duly admitted to probate by the surrogate of Albany county, February 5, 1891, under and by virtue of which Henrietta Church succeeded to the interest of said Walter S. Church in the premises which are the subject of this action.…
1Opinion of the CourtPutnam, J.
These are actions in ejectment, each brought to recover -an undivided one-third part of the premises described ini the complaint. On the trial, plaintiffs established a leasehold title to said lands, and, it being admitted that defendants were in possession thereof, rested. A motion was then made by defendants for a nonsuit, which motion the court granted, plaintiffs, duly excepting. Plaintiffs also asked to go to the jury on the questions of fact involved in the case. This motion was denied,, and plaintiffs excepted.
One of the grounds urged by the defendants on the motion for a nonsuit and…
2Cases cited8 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Dawley v. . BrownNew York Court of Appeals · 1880
- Degraw v. . ElmoreNew York Court of Appeals · 1872
- Barnes v. . QuigleyNew York Court of Appeals · 1874
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