McCormack v. . Coddington
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, .1905, which modified and affirmed as modified an interlocutory judgment of Special Term directing a partition and sale of real property. The following questions were certified: “First. Margaret Clifford, a naturalized citizen or a resident alien, on April 12th, 1873, acquired the real property in suit by purchase.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, .1905, which modified and affirmed as modified an interlocutory judgment of Special Term directing a partition and sale of real property. The following questions were certified: “First. Margaret Clifford, a naturalized citizen or a resident alien, on April 12th, 1873, acquired the real property in suit by purchase. She died on June 21st, 1882, and upon her death one-fifth of the said real property, under Laws of 1845, Chapter 115, as amended by Laws of…
1Opinion of the CourtHiscock, J.
This is an action of partition, and the question arising between the People and the respondents here presented is whether a certain interest in real estate which had been taken by an alien heir, upon his death passed by descent to his sister, being a citizen of the state, as his heir, and thence by conveyance from her and others to the Codding-tons, or whether such interest escheated to the state. The trial court adopted the latter view; the Appellate Division by a divided vote the former one. We agree with the trial court, and think the judgment appealed from should be reversed in so far as…
2Cases cited7 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Mooers v. WhiteNew York Court of Chancery · 1822
- Goodrich v. . RussellNew York Court of Appeals · 1870
- Hall v. . HallNew York Court of Appeals · 1880
- Ettenheimer v. HeffernanNew York Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Matter of People (Melrose Ave.)New York Court of Appeals · 1922
- City Bank Farmers' Trust Co. v. BowersCourt of Appeals for the Second Circuit · 1934
- Haley v. . SheridanNew York Court of Appeals · 1907
- George v. PeopleAppellate Division of the Supreme Court of the State of New York · 1944
- Stappenbeck v. MatherOneida County Court · 1911
5 more not listed; retrieve them via the Exa API.