Hunter v. Willard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bruno J. Kornau, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 8th day of May, 1916, upon a decision of the court overruling his demurrer to the amended complaint.
1Opinion of the Court
Carr, J.:
This is an appeal from an interlocutory judgment overruling a demurrer to the complaint on the ground of insufficiency. The action is in partition, but incidentally it is against the demurring defendant to eject him from the real property as not being the owner thereof. The complaint is very crude. The first allegation states that the plaintiff and certain of the defendants (excluding the appellant) “are seized in fee simple and entitled as tenants in common to the immediate possession of all and singular the following described lands and premises.” There is a further allegation that…
2Cases cited2 opinions
- Martin v. PalmerAppellate Division of the Supreme Court of the State of New York · 1913
- Baker v. CarringtonNew York Supreme Court · 1901