Legal Opinion

Daly v. Beer

New York Supreme Court

Decided July 18, 1890Published

Appeal from special term, Suffolk county'. Action for partition of land, brought by William Thomas Daly against Margaret Beer, Catharine Powles, Elizabeth Sarah Russell, and the people of the state of New York. Defendant Margaret Beer appeals from an interlocutory decree entered therein for report of former litigation.

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Appeal from special term, Suffolk county'. Action for partition of land, brought by William Thomas Daly against Margaret Beer, Catharine Powles, Elizabeth Sarah Russell, and the people of the state of New York. Defendant Margaret Beer appeals from an interlocutory decree entered therein for report of former litigation. See Halsey v. Beer, 5 H. Y. Supp. 334. Laws H. Y. 1845, c. 115, as amended by Laws 1874, c. 261, and Laws 1875, c. 38, declares that “if any alien resident of this state, or any naturalized or native citizen of the United States, who has purchased and taken, or hereafter shall…

1Opinion of the CourtDykman, J.

This is an appeal from an interlocutory judgment in an action for the partition of real property. The facts of the case are undisputed, and are substantially as follows: David E. Pierson, who died seised and possessed of the property in question, was the common source, of title. He was 21 years of age at the time of his death in February, 1888, and he received this property by devise from his father, David Pierson, who died in October, 1871. David E. Pierson died intestate, and left no father or mother, brother or sister, or descendant of any brother or sister, no paternal uncle or aunt, or…

2Cases cited2 opinions

  1. Hall v. . HallNew York Court of Appeals · 1880
  2. Halsey v. BeerNew York Supreme Court · 1889

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