Barnes v. Blake
New York Supreme Court
Appeal from special term, Yew York county. Action by Alfred C. Barnes and others against Frederick D. Blake and others for partition. Defendant Frederick D. Blake appeals from an interlocutory judgment overruling his demurrer to the complaint.
1Opinion of the CourtDaniels, J.
The defendant Frederick D. Blake has been made a defendant in this action, which is for the partition of real estate, upon the allegation that he was a tenant by the curtesy initiate, as the husband of the defendant Sarah Frances Blake, who is one of the tenants in common. The demurrer was served on the ground that the complaint stated no cause of action against him, and that objection seems to be well founded, for the law has not authorized nor required the husband to be made a party to an action of partition, when his wife may be interested in the property to be divided. Who are to be made…
2Cases cited3 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Mapes v. BrownNew York Supreme Court · 1884
- Foulks v. FoulksNew York Supreme Court · 1889
3Cited by4 opinions
- Boston Base Ball Ass'n v. Brooklyn Base Ball ClubNew York Supreme Court · 1902
- Mayhall & Neible v. Chicago, Burlinton & Quincy RailroadNebraska Supreme Court · 1921
- Adams v. SlingerlandAppellate Division of the Supreme Court of the State of New York · 1903
- Middlebrook v. TravisNew York Supreme Court · 1892