Ten Broeck v. Reynolds
New York Supreme Court
Motion to stay proceedings, &c. The action is brought to recover a farm in the town of Peters-burgh, in the county of Rensselaer. All the plaintiffs claim title as heirs at law of Abraham Ten Broeck, deceased. Margaret S. Gibson, one of the plaintiffs, and who claims title to one-third of the farm, brought an action, in 1849, to recover her undivided share, against Peleg Brown, who was the tenant of Thomas Reynolds, now deceased.
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Motion to stay proceedings, &c. The action is brought to recover a farm in the town of Peters-burgh, in the county of Rensselaer. All the plaintiffs claim title as heirs at law of Abraham Ten Broeck, deceased. Margaret S. Gibson, one of the plaintiffs, and who claims title to one-third of the farm, brought an action, in 1849, to recover her undivided share, against Peleg Brown, who was the tenant of Thomas Reynolds, now deceased. In April, 1850, the complaint in that action was dismissed, and judgment was rendered against the plaintiff for $194.34 costs. These costs remain unpaid. All the…
1Opinion of the Court
Harris, Justice.
The former action was brought by the plaintiff Gibson alone, to recover one-third of the premises described in this complaint. Had the name of Gibson been omihted in this complaint, and the suit been brought by the other plaintiffs, to recover the other two-thirds of the premises, it could not have been pretended that the defendants would have had a right to stay the proceedings until the costs of the first action should be paid. The case would then have been within the decision in Jackson agt. Clark, (1 Cow. 140.) The plaintiffs, though claiming under the same title, could…
2Cases cited2 opinions
- Jackson ex dem. Livingston against EdwardsNew York Supreme Court · 1823
- Jackson ex dem. Clark v. ClarkNew York Supreme Court · 1823
3Cited by2 opinions
- Wice v. Commercial Fire InsuranceNew York Court of Common Pleas · 1877
- Kellog ex rel. Monroe v. BokeePennsylvania Court of Common Pleas · 1898