Jones v. . Jones
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made March 17,1887, which affirmed a judgment entered on a verdict and on a decision of the trial court, and affirmed orders denying motion for a new trial. This action was brought for the partition of certain land situated at Hunter’s Point, in Long Island City, and fronting on East River opposite the city of Hew York.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made March 17,1887, which affirmed a judgment entered on a verdict and on a decision of the trial court, and affirmed orders denying motion for a new trial. This action was brought for the partition of certain land situated at Hunter’s Point, in Long Island City, and fronting on East River opposite the city of Hew York. The plaintiff alleged title in herself to two undivided fifth parts of the premises, which came to her by descent from Charles H. Jones, her father, who died…
1Opinion of the CourtBradley, J.
The claim of the defendants, Oakley and Eutherford to the relief sought by them, was somewhat founded upon the alleged relation of confidence of their brother Oliver L. Jones to them and its abuse by him. He was an executor of the will of their father, at the time of whose death, in 1870, those two defendants were of the ages of fourteen and seventeen years. Oliver was the eldest of the children, and on the death of their mother in 1876, he also became the administrator of her estate. There was evidence tending to prove that the defendants, Oakley and Rutherford, had up to the time in…
2Cases cited2 opinions
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Whelan v. WhelanNew York Supreme Court · 1824
3Cited by6 opinions
- McKenna v. MeehanNew York Court of Appeals · 1928
- Bailey v. London Guarantee & Accident Co.Indiana Court of Appeals · 1918
- Bowen v. SweeneyNew York Supreme Court · 1895
- Bowen v. . SweeneyNew York Court of Appeals · 1894
- Fairweather v. BurlingAppellate Division of the Supreme Court of the State of New York · 1904
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