Ray v. Jaeger
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Elizabeth Bay, from an interlocutory judgment of the Supreme Court in favor of the defendant Helena E. Grube, entered in the office of the clerk of the county of Kings on the 29th day of October, 1908, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the said defendant’s demurrer to the amended complaint.
1Opinion of the Court
Jenks, J.:
This appeal arises upon the successful demurrer of the infant defendant, H. Grube, that the complaint does not state facts sufficient to constitute á cause of action. The plaintiff sues to have herself and certain defendants adjudged heirs at law of Emery, deceased, and, therefore, to have partition of certain realty. The sole question is as to the estate of the said Emery perforce of a conveyance. The complaint shows that on July 28, 1897, an indenture was made between Herman Price ■ and his wife, seized in fee simple of the premises, as parties of the first part, and said Emery as…
2Cases cited7 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
- Lawrence v. BayardNew York Court of Chancery · 1838
- Mott v. . RichtmyerNew York Court of Appeals · 1874
- Vanderheyden v. CrandallNew York Supreme Court · 1846
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3Cited by2 opinions
- Horton v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Oliver v. WellsAppellate Division of the Supreme Court of the State of New York · 1930