McAuliff v. Hughes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth Elliott, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 25th day of January, 1908, upon the decision of the court, rendered after a trial at- the Clinton Special Term, in a partition action, determining among other tilings that the said defendant has no substantial interest in the property in question.
1Opinion of the Court
Kellogg, J.:
The appellant claims to be the owner of the premises and that the conveyances upon which the plaintiff claims title were made at a time when she was in the actual possession of said premises claiming under ah adverse title. Both the respondent and the appellant claim to derive their interest in said premises from the heirs of Bose Welcome, a former owner who died intestate. In 1892 Jane Lasher, Claude E. Welcome and Frances Helen Welcome were the owners of the premises as heirs of said Rose Welcome. In April, *3571896, Jane Lasher conveyed her interest to Martin H. O’Brien, who,…
2Cases cited2 opinions
- Pearce v. . MooreNew York Court of Appeals · 1889
- Sweetland v. BuellNew York Supreme Court · 1895
3Cited by2 opinions
- Kavanagh v. HamiltonSupreme Court of Colorado · 1912
- McAuliff v. HughesAppellate Division of the Supreme Court of the State of New York · 1911