Wanser v. De Nyse
Appellate Division of the Supreme Court of the State of New York
Appeal by Franklin S. Holmes from so muck of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 4th day of Hovember, 1907, as confirms the report of a referee and directs the appellant to complete his purchase of the property sold at a partition sale herein.
1Opinion of the Court
Gaynor, J.:
This partition action is by the heirs of Abraham Wanser. The land was conveyed to him in 1865 by the heirs of Francis Oliver who was never married, and died intestate seized thereof, as is conceded. It is also conceded that the said grantee Abraham Wanser x and his heirs have had adverse possession of the land ever since the said conveyance to him, and under it, i. e., for over 42 years. The only possible defect- in. the title suggested to us on the argument *210of the learned counsel for the purchaser at the partition sale is that some heir of Francis Oliver- may not have joined in…
2Cases cited1 opinion
- Messinger v. FosterAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- 556 & 558 Fifth Avenue Co. v. Lotus ClubAppellate Division of the Supreme Court of the State of New York · 1908