Dunn v. Dunn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward E. Dunn, from a final judgment of the. Supreme Court in favor of the plaintiff, entered in the.office of the clerk of the county of Delaware on the 14th day of November, 1911, confirming the report of a referee in a partition action, with notice of an intention to bring up for review an interlocutory, judgment granted on the 5th day of July, 1911, and entered in said clerk’s office. Judgment affirmed, with costs, on the opinion of the referee.
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Appeal by the defendant, Edward E. Dunn, from a final judgment of the. Supreme Court in favor of the plaintiff, entered in the.office of the clerk of the county of Delaware on the 14th day of November, 1911, confirming the report of a referee in a partition action, with notice of an intention to bring up for review an interlocutory, judgment granted on the 5th day of July, 1911, and entered in said clerk’s office. Judgment affirmed, with costs, on the opinion of the referee. All concurred, except Kellogg, J., who favored a reversal as to the plaintiff; Lyon, J., not sitting.
1Opinion of the Court
The following is the opinion of the referee:
Eugene Clinton, Referee:
Hiram Wooster died intestate in the year 1857, seized and possessed of the land described in the complaint. The tract originally contained 770 acres of land. It extended back from the Delaware river south about two miles and was mostly wild timber land. A small portion along the river was cleared and used for farming purposes, on which was located an old house and a small barn. The original tract was fifty chains in width on the south or back end. Shortly before his death Hiram Wooster conveyed to John Humphrey a strip off…
2Cases cited10 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Barnard v. . GantzNew York Court of Appeals · 1893
- Paine v. . UptonNew York Court of Appeals · 1882
- Stevens v. . MelcherNew York Court of Appeals · 1897
- Ten Eyck v. . WitbeckNew York Court of Appeals · 1892
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3Cited by7 opinions
- United States v. Certain Parcels of Land SituateDistrict Court, S.D. California · 1949
- Larsen v. PotterAppellate Division of the Supreme Court of the State of New York · 1991
- Herubin v. MalackowskiOneida County Court · 1920
- Dimou v. CusanelliCivil Court of the City of New York · 1972
- Rochester Poster Advertising Co. v. SmithersNew York Supreme Court · 1927
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