Lawrence v. Norton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Franklin 0. Norton, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 21st day of April, 1906, upon the decision of the court, rendered after a trial at the Queens County Special. Term, overruling the said defendant’s demurrer to the complaint.
1Opinion of the Court
Rich, J.:
The action is brought to partition two parcels of land on Rockaway Beach in the city of New York, owned in fee by the plaintiffs, Malcolm R. Lawrence, Frank J. Heaney and Silas K. Everett, and the defendants Adah P. Vernarn and'John R. Murray as tenants in common. The first nine paragraphs of the complaint contain the usual allegations of a cause of action for the partition of real property and then alleges that the appellant claims some interest in the premises, the precise extent and nature of which is unknown to the plaintiffs but which is understood by them to be that the correct…
2Cases cited4 opinions
- Weston v. . StoddardNew York Court of Appeals · 1893
- Townsend v. . BogertNew York Court of Appeals · 1891
- Powell v. HinkleyAppellate Division of the Supreme Court of the State of New York · 1904
- Rogers v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Delcambre v. . DelcambreNew York Court of Appeals · 1914
- Johnson v. AleshireAppellate Division of the Supreme Court of the State of New York · 1909
- Kellum v. CorrAppellate Division of the Supreme Court of the State of New York · 1912
- O'Neil v. MurrayNew York Supreme Court · 1922