Harris v. Harris
New York Supreme Court
THE plaintiff, and the defendants Ephraim Harris, William Harris and Phebe Burnham, are the children and only heirs at law of J ohn Harris, late of the town of Greenfield, in the county of Saratoga, deceased. The said John Harris died on the 8th day of February, 1859, at his residence in said town, seised of both real and personal estate, and seised of the lands described in the complaint in this action.
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THE plaintiff, and the defendants Ephraim Harris, William Harris and Phebe Burnham, are the children and only heirs at law of J ohn Harris, late of the town of Greenfield, in the county of Saratoga, deceased. The said John Harris died on the 8th day of February, 1859, at his residence in said town, seised of both real and personal estate, and seised of the lands described in the complaint in this action. To July, 1856, the said John Harris made a last will and testament in due form of law. The terms of said will are specifically set forth in the case, and appear by the testimony of Elihu…
1Opinion of the CourtHogeboom, J.
The parties to this suit are the children of John Harris, deceased. The action is for partition of land; and the plaintiff claims an equal division of the same among the parties as tenants in common, by reason of the death of their father intestate. The defendants Ephraim Harris and William Harris deny the intestacy and tenancy in common, and set up title in themselves, respectively, in several and distinct portions of the land sought to be partitioned, by virtue of a devise thereof to them by the will of their said father, J ohn Harris. The plaintiff replies to the defendants' answer,…
2Cases cited7 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- McKnight v. DunlopNew York Supreme Court · 1848
- Bruen v. HoneNew York Supreme Court · 1848
- Ehle v. BinghamNew York Supreme Court · 1849
- Hayes v. ReeseNew York Supreme Court · 1860
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