Legal Opinion

Greer v. Greer

New York Supreme Court

Decided November 26, 1890PublishedCited by 10 opinions

Appeal from judgment on report of referee. Action by Anna L. Greer against Thomas H. Greer and others for partition. William B. Scott, the father of the plaintiff, had been the owner of two parcels claimed by defendant. He died in February, 1887. By his will he devised all his real estate to the plaintiff and to her husband, the defendant Thomas H. Greer, as tenants in common.

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Appeal from judgment on report of referee. Action by Anna L. Greer against Thomas H. Greer and others for partition. William B. Scott, the father of the plaintiff, had been the owner of two parcels claimed by defendant. He died in February, 1887. By his will he devised all his real estate to the plaintiff and to her husband, the defendant Thomas H. Greer, as tenants in common. The plaintiff brought this action to partition the lands so devised, alleging that the two parcels were included. The defendant Thomas H. Greer answered, claiming to be the sole owner of the two parcels. Upon the trial…

1Opinion of the CourtLandon, J.

We think this judgment should be affirmed upon the facts, unless alleged errors in the admission of incompetent evidence materially affecting the issue require a reversal. It was an important question upon the trial-whether a deed, which, it was shown by evidence satisfactory to the referee, embraced the two parcels in question, and was executed and acknowledged by Scott on the 21st day of November, 1885, was delivered to the defendant by Scott. It was shown that on that day Scott and Greer were together in the office of Mr. Frothingham, who, with Mr. Crannell, was also present. A judgment…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Whiting v. . BarneyNew York Court of Appeals · 1864
  2. Hebbard v. . HaughianNew York Court of Appeals · 1877
  3. Simmons v. . HavensNew York Court of Appeals · 1886
  4. Briggs v. . WaldronNew York Court of Appeals · 1881

3Cited by10 opinions

  1. In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
  2. Mortimer v. ChambersNew York Supreme Court · 1892
  3. Delger v. JacobsCalifornia Court of Appeal · 1912
  4. Brennan v. HallNew York Supreme Court · 1891
  5. Cowan v. DavenportAppellate Division of the Supreme Court of the State of New York · 1898

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