Bucher v. Eaton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Orville C. Bucher, from a judgment of the Supreme Court in favor of certain of the defendants. entered in the office of the clerk of the county of Chemung on the 28th day of November, 1910, upon the decision of the court, rendered after a trial at the Chemung Trial Term, certain questions of fact having been submitted to a jury, dismissing the complaint on the merits; and also from an-order entered in said clerk’s office on the 18th day of November,…
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Appeal by the plaintiff, Orville C. Bucher, from a judgment of the Supreme Court in favor of certain of the defendants. entered in the office of the clerk of the county of Chemung on the 28th day of November, 1910, upon the decision of the court, rendered after a trial at the Chemung Trial Term, certain questions of fact having been submitted to a jury, dismissing the complaint on the merits; and also from an-order entered in said clerk’s office on the 18th day of November, 1910, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, P. J.:
This action is brought by one of the heirs at law of Nancy Bucher, who died on the 2d day of March, 1892, intestate, leaving a son, Johnson C. Bucher, and a daughter, Sophia C. Eaton, as her only heirs at law. The action is for partition, of certain real estate, the record title of which was in the said Nancy Bucher at the time of her death. Johnson C. Bucher himself died in 1906, intestate, leaving children, of whom this plaintiff is one. The defense submitted to the jury, and upon which the defendant has succeeded, was that in 1883 the defendant Sophia Eaton entered upon the…
2Cited by2 opinions
- In re Real Estate of SmithOrphan's Court of Delaware · 1952
- In Re Smith's EstateSuperior Court of Delaware · 1952