Callahan v. O'Brien
New York Supreme Court
Appeal from special term, New York county. Action by Ellen Callahan against Michael O’Brien, John Graddy, Mary Leahy, Margaret Neville, Catherine Burns, Ellen O’Brien, John O’Brien, Anne Murphy, Margaret Jameson, and John Jackson, with others, impleaded, for partition. From an interlocutory judgment, defendant Michael O’Brien appeals.
Read the full summary
Appeal from special term, New York county. Action by Ellen Callahan against Michael O’Brien, John Graddy, Mary Leahy, Margaret Neville, Catherine Burns, Ellen O’Brien, John O’Brien, Anne Murphy, Margaret Jameson, and John Jackson, with others, impleaded, for partition. From an interlocutory judgment, defendant Michael O’Brien appeals. June 8, 1869, Catherine Callahan, a citizen of the United States, and a resident of the state of New York, acquired by purchase and grant the absolute fee of No. 18 Perry street. The deed to her is duly recorded in the office of the register of the city and…
1Opinion of the CourtFollett, J.
One of the questions presented by the record being whether the rights of the litigants are the same in both pieces of land, it will be most convenient to consider to whom each parcel descended, so we will first determine the rights of the parties in Ho. 18 Perry street, which the intestate acquired by purchase and grant. Section 4 of chapter 115 of the Laws of 1845, as amended by chapter 38 of the laws of 1875, provides:
“See. 4. If any alien resident of this state, or any naturalized or native citizen of the United States, who has purchased and taken, or hereafter shall purchase and take, a…
2Cases cited6 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- McCool v. SmithSupreme Court of the United States · 1862
- Cruger v. . the Hudson River Railroad Co.New York Court of Appeals · 1854
- McCarthy v. . MarshNew York Court of Appeals · 1851
- Luhrs v. . EimerNew York Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Judicial Settlement of the Account of Proceedings of YoungsNew York Surrogate's Court · 1911
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1902
- Stewart v. RussellAppellate Division of the Supreme Court of the State of New York · 1904
- Stappenbeck v. MatherOneida County Court · 1911
- Douglass v. DouglassNew York Supreme Court · 1911