Schenck v. Barnes
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Belle C. Schenok, from an interlocutory judgment' of- the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 29th day of September, 1897, sustaining the defendants’ separate demurrers .to-the complaint.
1Opinion of the Court
Cullen, J.:
The complaint states that on October 11, 1893, the defendant Barnes conveyed certain real'property in the city of New York to-the defendant Taft, in trust-, reserving to himself the beneficial interest in the said property for life, “ subject to the necessary expenses of the said trustee with remainder over, and with full power of sale in said trustee,” etc., and that the defendant Taft was, at the time of the commencement of the action, in possession of the property. It then' alleges the recovery by the plaintiff on the 18th of November, 1896,. of a judgment against -the defendant…
2Cases cited14 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Williams v. . ThornNew York Court of Appeals · 1877
- Pacific National Bank v. WindramMassachusetts Supreme Judicial Court · 1882
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3Cited by2 opinions
- Newton v. HuntAppellate Division of the Supreme Court of the State of New York · 1909
- Schenck v. BarnesAppellate Division of the Supreme Court of the State of New York · 1899