Jones v. Duerk
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry Duerk and others, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Erie on the 8th day of February, 1898,. upon the report of a referee.
1Opinion of the Court
Green, J.:
This action was commenced on the 6th day of June, 1895, for the partition of the premises described in the complaint. The plaintiff, who is a purchaser of the premises at a sale in foreclosure of a mortgage thereon, given by Martin Duerk in 1892, and subsequent to the death of his wife, Elizabeth, demanded in his complaint an adjudication that he is the owner of two-thirds of the fee and an estate during the life of the defendant Martin Duerk in the other third of the real property in question, and also demanded contribution from the other tenants in common for the expenses of…
2Cases cited3 opinions
- Ford v. . KnappNew York Court of Appeals · 1886
- Town v. NeedhamNew York Court of Chancery · 1831
- Pentz v. Receivers of Ætna Fire InsuranceNew York Court of Chancery · 1839
3Cited by11 opinions
- Adams v. BristolAppellate Division of the Supreme Court of the State of New York · 1908
- Obecny v. GoetzAppellate Division of the Supreme Court of the State of New York · 1907
- McCreary v. Lake Boulevard Sponge Exchange Co., Inc.Supreme Court of Florida · 1938
- Slud v. Guild Properties, Inc.New York Supreme Court · 1952
- Vulovich v. BaichAppellate Division of the Supreme Court of the State of New York · 1955
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