Ahrens v. . Jones
New York Court of Appeals
Appeal from a final judgment, entered July 5, 1899, in. favor of defendant, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment sustaining a demurrer to the complaint upon the ground that it does not state facts-sufficient to constitute a cause of action. The nature of the action and the facts, so far as material,, are stated in the opinion.
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Appeal from a final judgment, entered July 5, 1899, in. favor of defendant, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment sustaining a demurrer to the complaint upon the ground that it does not state facts-sufficient to constitute a cause of action. The nature of the action and the facts, so far as material,, are stated in the opinion. This demurrer can be sustained only if it appears that after admitting all the facts alleged or that can by reasonable and fair intendment be implied, the complaint fails…
1Opinion of the CourtHaight, J.
This action was brought to declare and enforce a lien upon real estate. The material facts alleged in the complaint are that one Harry J ones, late of the city of Hew York, on the 25th day of February, 1897, being sick and not expecting to live and being desirous of disposing of his property before he died, conveyed certain premises, specifically described, to his two daughters, and also conveyed certain other premises, also specifically described, to the defendant Clara M. Jones, his wife; that at the time of the execution and delivery of the deed to his wife it was expressly understood and…
2Cases cited13 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Wood v. . RabeNew York Court of Appeals · 1884
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Williams v. . FitchNew York Court of Appeals · 1859
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3Cited by49 opinions
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Seaver v. . RansomNew York Court of Appeals · 1918
- Latham v. Father DivineNew York Court of Appeals · 1949
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Baker v. SyfrittSupreme Court of Iowa · 1910
44 more not listed; retrieve them via the Exa API.