Theobald v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Zoe Theobald, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 23d day of February, 1904, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the plaintiff’s complaint upon the merits.
1Opinion of the Court
Patterson, J.:
The plaintiff, a sister of Abby E. Allen, deceased, claims that she and the defendants Catherine Smith and Frances Glover, also sisters of the decedent, are the only heirs at law of such decedent, who died in 1903, intestate, seized of certain land in the city of Hew York and of-other land in the county of Suffolk in the State of Hew York, and she seeks partition of such premises. It is alleged in the complaint that the defendant Minnie T. Allen, sued as Minnie Ostlieim, claims some interest in the premises and that defendant set up in her answer that she was entitled to the…
2Cases cited2 opinions
- Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
- Dodin v. . DodinNew York Court of Appeals · 1900
3Cited by15 opinions
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- Sorenson v. RasmussenSupreme Court of Minnesota · 1911
- In re the Judicial Settlement of the Account of BrennanAppellate Division of the Supreme Court of the State of New York · 1914
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