Legal Opinion

Obermeyer & Liebmann v. Jung

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1900PublishedCited by 5 opinions

Appeal by the plaintiff, Obernaeyer & Liebmann> from a final judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 10th day of November, 1899, upon the report of a referee dismissing the complaint upon the merits, with notice of an intention to bring up for review upon such appeal an order bearing date the 24th day of October, 1899, and entered in said clerk’s office directing the entry of said judgment.

1Opinion of the Court

Woodward, J.:

This action was brought for the partition of real property. The ■answer denied the title of the plaintiff, and the sole question to be ■determined by the referee was whether the plaintiff (a corporation) was the owner of a onp-quarter interest in the property, or whether it belonged to Paulina A. Jung. The referee decided in favor of the latter, and from the judgment entered appeal comes to this court.

Henry A. Jung was originally the owner of the property "in question. «Upon his death the property passed by will to his four children, subject to the dower right of his widow. By a…

2Cases cited4 opinions

  1. Dickerson v. TillinghastNew York Court of Chancery · 1833
  2. Munoz v. . WilsonNew York Court of Appeals · 1888
  3. National Bank v. BonnellAppellate Division of the Supreme Court of the State of New York · 1899
  4. Howe v. SommersAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by5 opinions

  1. Sullivan v. Corn Exchange BankAppellate Division of the Supreme Court of the State of New York · 1912
  2. United States v. Certain Lands in BrooklynDistrict Court, E.D. New York · 1942
  3. United States v. Certain Lands Located in Town of HempsteadDistrict Court, E.D. New York · 1941
  4. Gately v. GatelyNew York Supreme Court · 1918
  5. Adirondack Hardware Co. v. WalshNew York Supreme Court · 1911

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