Sand v. Church
Appellate Division of the Supreme Court of the State of New York
' Appeal by The Mutual Life Insurance Company of New York from an order of the Supreme Court, made at the.- Albany Special Term, and entered in the office of'the clerk of the county of Albany on the 18th day of February, 1898, directing that the said appellant, as the real party in interest, pay to the plaintiff’s attorney the-, costs of the action.
1Opinion of the Court
Merwin, J.:
This action, with two others by different plaintiffs,' was commenced on May 10, 1890., against Walter S. Church and Joseph Drum to recover the possession of a farm of 177 acres in the town of Berne, then being in the possession of Church, who claimed to be the owner thereof, Drum being his tenant. An undivided one-third was claimed -in each action. Church died on December 7, 1890, and the defendant Henrietta having succeeded to his interest was on the 3d of March, 1891, substituted as defendant in his place. After three trials and several appeals, including an appeal to the Court…
2Cases cited8 opinions
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Masten v. . OlcottNew York Court of Appeals · 1886
- Bradt v. . ChurchNew York Court of Appeals · 1888
- Derham v. . LeeNew York Court of Appeals · 1882
- Sand v. . ChurchNew York Court of Appeals · 1897
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3Cited by1 opinion
- Columbia County v. Consolidated Contract Co.Oregon Supreme Court · 1917