Parker v. McCluer
New York Court of Appeals
Appeal from a judgment. This action was "brought "by Eunice Parker, one of the-heirs of Joseph McCluer, against Porter McCluer, a grandson of said Joseph, to recover the possession of land left by the said Joseph. Both parties claimed as heirs at law of the decedent.
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Appeal from a judgment. This action was "brought "by Eunice Parker, one of the-heirs of Joseph McCluer, against Porter McCluer, a grandson of said Joseph, to recover the possession of land left by the said Joseph. Both parties claimed as heirs at law of the decedent. The defendant resisted the plaintiff’s-claim, on the ground that during the lifetime of the decedent, the decedent made an advancement to Samuel McCluer, the father of the plaintiff, of a share of his real estate, in full of his right of succession to the estate of the decedent; and the defendant alleged that he, the defendant,…
1Opinion of the Court
Davies, Ch. J.
—This is an action of ejectment, in which the plaintiff claims to recover one sixty-fourth part of a certain farm, whereof Joseph McCluer died seized. He is one of eight children of Samuel McCluer, a son of Joseph McCluer.
The facts as found by the supreme court are as follows:
On the 19th day of July, 1828, Samuel McCluer, with his wife, executed and delivered to Joseph McCluer, his father, a quit-claim deed of the whole of lot No. 39, in Township No. 4, in the Holland Land Company’s survey, in Cattaraugus county^ which included the premises described in the complaint, excepting…
2Cited by2 opinions
- Harper v. HendricksSupreme Court of Kansas · 1892
- Watson v. KingNew York Supreme Court · 1893