Middlebrook v. Travis
New York Supreme Court
Appeal from special term, New. York county. Action by Caroline A. Middlebrook against Mary E. Travis and others. From an order of reference on title, and overruling the demurrer of one defendant and the answers of other defendants, they appeal. Reversed.
1Opinion of the CourtO’Brien, J.
This is an action for partition. It comes to the general term upon an appeal by the defendants, Virginia H. and James C. Mills, Mary E. and M. V. B. Travis, Mary A. and George Shearman, and Caroline C. and Addison Bowne, from an order of the special term, . overruling the demurrer of the defendant M. V. B. Travis as frivolous, and ordering judgment upon the answers of other, said defendants as frivolous, and ordering the usual reference on title. Under the will of Stephen Allen, who died in 1852, the title was tied up by a trust for the life of his daughter Mary Ann Hart, upon whose death, on…
2Cases cited3 opinions
- Townsend v. . BogertNew York Court of Appeals · 1891
- Shaw v. WellmanNew York Supreme Court · 1891
- Barnes v. BlakeNew York Supreme Court · 1891