Miner v. . Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made September 8, 1891, which affirmed a judgment in favor" of plaintiff, entered upon the report of a referee. This was an action of ejectment. The facts, so far as material, are stated in the opinion. Plaintiff did not make a proper or sufficient demand for his interest in the premises. (Code Civ.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made September 8, 1891, which affirmed a judgment in favor" of plaintiff, entered upon the report of a referee. This was an action of ejectment. The facts, so far as material, are stated in the opinion. Plaintiff did not make a proper or sufficient demand for his interest in the premises. (Code Civ. Pro. §§ 1240, 1596, 1625; Draper v. Draper, 7 Hun, 616; 3 Rumsey’s Pr. 12; Cook v. Wardens, etc., 5 Hun, 293; Smith v. Long, 12 Abb. [N. C.] 113.) The common-law right of the…
1Opinion of the CourtMaynard, J.
In view of the legal effect, which must be given to the devise in the will of Adin Brown to the defendants Clark 27. and Ella Brown, an estate of tenancy by the entirety was not created.
It is, therefore, unnecessary to consider or determine the interesting and important questions so ably presented by learned counsel, whether during the joint lives of husband and wife such an estate can be sold for the debts of the' husband and possession taken, or whether chapter 472 of the Laws of 1880 has not modified or abrogated the common-law right of the husband to the exclusive possession of the…
2Cases cited4 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Jooss v. . FeyNew York Court of Appeals · 1891
- Hicks v. CochranNew York Court of Chancery · 1843
- Cloos v. CloosNew York Supreme Court · 1890
3Cited by26 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- In Re the Final Accounting of Executors of AlbrechtNew York Court of Appeals · 1892
- Perrin v. HarringtonAppellate Division of the Supreme Court of the State of New York · 1911
- Hoyt v. WinstanleyMichigan Supreme Court · 1922
- Woodard v. WoodardMassachusetts Supreme Judicial Court · 1913
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