Legal Opinion

Dunnell v. Keteltas

New York Supreme Court

Decided May 15, 1863PublishedCited by 6 opinions

Appeal from a judgment. This action was originally brought by Obadiah Newcomb, in September, 1849, against Eugene Keteltas, as trustee of the estate of John Gardner, deceased, against Malvina Keteltas, Jules de Dion, and Jane his wife, as the cesiuis que trmt under the will of John Gardner, and against Orlando D. McLain and Stephen Palmer, executors of John Hyer, deceased.

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Appeal from a judgment. This action was originally brought by Obadiah Newcomb, in September, 1849, against Eugene Keteltas, as trustee of the estate of John Gardner, deceased, against Malvina Keteltas, Jules de Dion, and Jane his wife, as the cesiuis que trmt under the will of John Gardner, and against Orlando D. McLain and Stephen Palmer, executors of John Hyer, deceased. Newcomb died in 185Y, and Henry G. Dunnell and others, his executors, were substituted as plaintiffs in the action. The nature of the action and the various proceedings taken, sufficiently appear in the opinion of the…

1Opinion of the Court

By the Court.*—Clerke, J.

This action was commenced in September, 1849, to restrain the defendants from proceeding by action of ejectment, or by any other process, to dispossess the plaintiffs or any of their tenants of certain lots, or of any of the buildings or improvements thereon; and from disturbing them in the possession and occupation of the same, until the expiration of the term for which renewed leases were, by the terms of certain original leases, to be granted; and that the defendants, or some of them, might be decreed specifically to perform the covenants in relation to paying for…

2Cases cited2 opinions

  1. Greason v. . KeteltasNew York Court of Appeals · 1858
  2. Newcomb v. KetteltasNew York Supreme Court · 1855

3Cited by6 opinions

  1. Kaufmann v. LiggettSupreme Court of Pennsylvania · 1904
  2. Coles v. PeckIndiana Supreme Court · 1884
  3. Lingeman v. ShirkIndiana Court of Appeals · 1896
  4. Sammis v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1919
  5. Van Beuren v. WotherspoonAppellate Division of the Supreme Court of the State of New York · 1896

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