Collins v. Russell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Courtney S. Collins, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Warren on the 29th day of December, 1903, upon the decision of the court, rendered after a trial before the court without a jury at the Warren Trial Term, dismissing the complaint- upon the plaintiff’s opening on the ground that it did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Houghton, J. :
The complaint alleges that during coverture, in which children were born, there was conveyed to the wife of plaintiff certain lands, *137described, subject to the use and occupation of another, during life, provided such life tenant- made repairs and paid taxes, and that thereupon said wife “ became seized in fee of said premises subject to the aforesaid life estate,” which life estate terminated after the decease of the wife, and asks, because of such facts, that the plaintiff be decreed to be a tenant by the curtesy and awarded possession of the premises during his life.
The trial…
2Cases cited5 opinions
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Jackson ex dem. Beekman v. SellickNew York Supreme Court · 1811
- In re CregierNew York Court of Chancery · 1846
- Ferguson v. . TweedyNew York Court of Appeals · 1871
- Carr v. AndersonAppellate Division of the Supreme Court of the State of New York · 1896