McQuillan v. McQuillan
New York Supreme Court
Action by Margaret McQuillan against Jane McQuillan and others. Motions to compel the completion of a purchase at a partition sale and to be relieved therefrom. Motion to compel completion of purchase granted, and motion to be relieved therefrom denied.
1Opinion of the CourtGarretson, J.
Motion by plaintiff that assignee of purchaser complete her purchase. Counter motion by the latter to be relieved-therefrom on the ground that the title tendered by the referee’s deed is unmarketable.
The action is in partition, and the plaintiff’s complaint proceeds upon the theory that the mother,, brothers, and sisters of one John McQuillan are of his heirs at law. This rests upon the presumption of the death of John, intestate, unmarried, and without issue, sought to be sustained by facts and circumstances giving rise to the presumption. It also rests in part upon a similar presumption of…
2Cases cited8 opinions
- Barson v. . MulliganNew York Court of Appeals · 1908
- In re the Judicial Settlement of the account WagenerAppellate Division of the Supreme Court of the State of New York · 1911
- Matter of Bd. of Education of New York.New York Court of Appeals · 1903
- In re Tobin's EstateNew York Supreme Court · 1889
- Karstens v. KarstensNew York Supreme Court · 1897
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