Koch v. Ellwood
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Max Koch, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 13th day of November, 1909, upon the decision of the court, rendered after a trial at the Richmond Special Term, dismissing the complaint upon the merits. Judgment affirmed, with costs, upon the opinion of Mr. Justice Thomas at Special Term.
1Opinion of the Court
Hirschberg, P. J., Burr, Rich and Carr, JJ., concurred.
The following is the opinion delivered at Special Term :
Thomas, J.:
The land in question consists of eight acres of salt meadow, lying between Midland Beach and South Beach, in the borough of Richmond. Isaac Barton had the title. He died December 8, 1860, leaving a will probated February 15, 1861, Whereby the land was devised to his brother, Samuel Barton, who had died in 1858, leaving as his heirs at law Edward P. Barton, Samuel Barton, sons, and Anna L. Hazard, daughter, who conveyed to the defendant on the 6th day of January, 1887. The…
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