Booth v. Fordham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward R. Booth, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 28tli day of February, 1902, upon a nonsuit granted by the court at the Monroe Trial Term, after certain questions had been submitted to the jury and a verdict rendered in favor of the plaintiff.
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Appeal by the plaintiff, Edward R. Booth, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 28tli day of February, 1902, upon a nonsuit granted by the court at the Monroe Trial Term, after certain questions had been submitted to the jury and a verdict rendered in favor of the plaintiff. The judgment, which purports to have been entered upon the direction of the court granting a nonsuit, adjudges that the complaint be dismissed upon the merits. There appears to have been no formal order or decision directing that…
1Opinion of the Court
Hiscock, J.:
This action was brought by the plaintiff, who is the brother of the defendant Carrie Fordham and the son of the defendant Booth, for the partition of certain real estate. His complaint set forth in substance, among other things, by appropriate allegations, that he and his sister were cotenants of the real estate described under a deed from the defendant Booth and his wife; that his defendant sister Fordham, at the time of the commencement of the action, resided upon a portion of the land in question, and that the defendant Booth was, or claimed to bé, in occupation of parts of…
2Cases cited3 opinions
- Weston v. . StoddardNew York Court of Appeals · 1893
- Drake v. DrakeAppellate Division of the Supreme Court of the State of New York · 1901
- Satterlee v. KobbeAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Leidenthal v. LeidenthalAppellate Division of the Supreme Court of the State of New York · 1907
- Booth v. FordhamAppellate Division of the Supreme Court of the State of New York · 1905