Van Schaack v. Saunders
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered upon tbe trial of tbis action by the court without a jury. The action was brought for the partition of certain premises. On and prior to tbe 19th day of April, 1875, Stephen Post and Abigail, his wife, owned the two narcels of land described in the complaint, one parcel being owned by the husband and the other by the wife.
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Appeal from a judgment in favor of the defendant, entered upon tbe trial of tbis action by the court without a jury. The action was brought for the partition of certain premises. On and prior to tbe 19th day of April, 1875, Stephen Post and Abigail, his wife, owned the two narcels of land described in the complaint, one parcel being owned by the husband and the other by the wife. These parcels of land were adjacent to each other,, ' and were occupied by said Post and his wife Abigail as one parcel of land. On the 19th day of April, 1875, the said Stephen and Abigail Post duly executed a…
1Opinion of the Court
JBooKes, J.:
This is an appeal by the plaintiff from a judgment dismissing the ■complaint as to the defendant Saunders.
The action was partition. The plaintiff claimed title to an undivided part of the premises as heir-at-law of Stephen Post and Abigail E. Post, the former of whom died June, 1879, and the latter in September of the same year.
The defendant Saunders claimed title as sole owner of the entire estate, as purchaser on a statutory foreclosure of a mortgage made by Stephen and Abigail E. Post. The foreclosure proceeding was commenced in January, 1880, and resulted in a sale to Saunders…
2Cases cited7 opinions
- In Re the Second Avenue Methodist Episcopal Church to Vacate an AssessmentNew York Court of Appeals · 1876
- Mowry v. . SanbornNew York Court of Appeals · 1877
- King v. DuntzNew York Supreme Court · 1851
- Leonard v. MorrisNew York Court of Chancery · 1841
- Anderson v. AustinNew York Supreme Court · 1861
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