Kellum v. Mission of Immaculate Virgin for Protection of Homeless & Destitute Children
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Queens County. Action by Cornelia J. Kellum and another against the Mission of the Immaculate Virgin for the Protection of Homeless and Destitute Children. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtJenks, J.
This is an action of ejectment from lots 4 and 5, in the Second Division of'the Beach at Far Rockaway, Queens county. At the close of the case the court directed a verdict for the plaintiffs.
The plaintiffs complained that the lands were set off in 1808 by a judgment in partition to Thomas Bannister and Rachael, his wife; that plaintiffs, as the heirs of one of the children of Thomas and Rachael, were entitled to an undivided one-half interest in the lands as tenants in common with the heirs or the grantees of the heirs of Alice McNeil, born Bannister, the other child of the said Thomas and…
2Cases cited15 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Colvin v. BurnetNew York Supreme Court · 1837
- Lyon v. . RickerNew York Court of Appeals · 1894
- Abeel v. . Van GelderNew York Court of Appeals · 1867
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