Deyo v. Morss
Appellate Division of the Supreme Court of the State of New York
Appeal from, trial term, Greene county. Action by Edmund Deyo against Foster B. Morss and others. From a judgment upon the decision of the court at a trial term dismissing the complaint upon the ground that the complaint does not state facts sufficient to constitute a cause of action, and that the court has not jurisdiction of the subject of the action, plaintiff appeals.
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Appeal from, trial term, Greene county. Action by Edmund Deyo against Foster B. Morss and others. From a judgment upon the decision of the court at a trial term dismissing the complaint upon the ground that the complaint does not state facts sufficient to constitute a cause of action, and that the court has not jurisdiction of the subject of the action, plaintiff appeals. The action was commenced in June, 1890, and was brought by the plaintiff, in behalf of himself and all others who are creditors of the estate of Burton G. Morss, deceased. It is alleged in the complaint that said Morss died…
1Opinion of the CourtMerwin, J.
The controversy in this case arises from the circumstance that the lands, which were devised to the defendants and which they sold, and by reason of which the plaintiff seeks to impose upon them a personal liability for the debts of the testator, are situated in the state of Pennsylvania. The right of the defendants to take and hold the lands in' question depended upon the laws of the state of Pennsylvania. “It is an established principle of law, everywhere recognized, arising from the necessity of the case, that the disposition of immovable property, whether by deed, descent, or any other…
2Cases cited9 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- United States v. FoxSupreme Court of the United States · 1877
- Matter of Estate of SwiftNew York Court of Appeals · 1893
- Kingsland v. . MurrayNew York Court of Appeals · 1892
- Platt v. . PlattNew York Court of Appeals · 1887
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