Personeni v. . Goodale
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1909, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1909, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The trial justice erred in deciding “ that the Surrogate’s Court had jurisdiction to direct the resale of No. 64 South Fifth avenue by che'executors who previously sold or alienated it to the plaintiff’s predecessors in title, or by their successor, the…
1Opinion of the CourtChase, J.
This action is brought to compel the determination of a claim adverse to that of the plaintiff in real property, pursuant to sections 1638-1650 of the Code of Civil Procedure. The facts are unusually complicated, and we will avoid stating them, except as they affect the determination of the questions which we will consider in this opinion.
William Campbell died April 27, 1888, seized of 27os. 62 and 64 South Fifth avenue, New York city, his only real property. He was indebted at the time of his death, but most of his indebtedness was as surety for the firm of Phyfe & Campbell, composed of his…
2Cases cited15 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Clark v. ClarkNew York Court of Chancery · 1840
- Erwin v. . LoperNew York Court of Appeals · 1871
- Glacius v. . FogelNew York Court of Appeals · 1882
- Hogan v. . KavanaughNew York Court of Appeals · 1893
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3Cited by7 opinions
- In Re the Estate of CunniffNew York Court of Appeals · 1936
- In re the Judicial Settlement of the Estate of PerkinsNew York Surrogate's Court · 1924
- Wise v. WedlakeAppellate Division of the Supreme Court of the State of New York · 1926
- Equitable Life Assurance Society v. WildsAppellate Division of the Supreme Court of the State of New York · 1918
- Ehnes v. NolanNew York Supreme Court · 1953
2 more not listed; retrieve them via the Exa API.