Drake v. Drake
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Joseph H. Drake and others, and by the defendants Sila Campney and others, from a judgment of the Supreme Court in favor of the defendants Alonzo T. Drake and others, entered in the office of the clerk of the county of Jefferson on the 17th day of October, 1900, upon the dismissal of the complaint as to the said Alonzo T. Drake and others after a trial at the Jefferson Trial Term.
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Appeal by the plaintiffs, Joseph H. Drake and others, and by the defendants Sila Campney and others, from a judgment of the Supreme Court in favor of the defendants Alonzo T. Drake and others, entered in the office of the clerk of the county of Jefferson on the 17th day of October, 1900, upon the dismissal of the complaint as to the said Alonzo T. Drake and others after a trial at the Jefferson Trial Term. The action was commenced on the 2d day of May, 1896, for the partition of the lands described in the complaint, and situate in the town of Philadelphia, Jeffefson county, N. Y, The facts,…
1Opinion of the Court
McLennan, J.:
We think the precise questions involved have been' decided by the Court of Appeals in Weston v. Stoddard (137 N. Y. 119); and that such decision makes a reversal of the judgment appealed from necessary.
That was an action of partition: It was decided in 1893, and involved a construction of the sections of the Code of Civil Procedure relating to actions of partition, which were the same as those now in force. In that case the answering defendants concededly had title to an undivided three-fourths of the premises described in the complaint, and in their answer they alleged that they…
2Cases cited9 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Weston v. . StoddardNew York Court of Appeals · 1893
- Ellerson v. . WestcottNew York Court of Appeals · 1896
- Hewlett v. . WoodNew York Court of Appeals · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Willis v. SterlingAppellate Division of the Supreme Court of the State of New York · 1928
- Booth v. FordhamAppellate Division of the Supreme Court of the State of New York · 1902
- Satterlee v. KobbeAppellate Division of the Supreme Court of the State of New York · 1901
- Hicks v. PearsallAppellate Division of the Supreme Court of the State of New York · 1914
- Booth v. FordhamAppellate Division of the Supreme Court of the State of New York · 1902
1 more not listed; retrieve them via the Exa API.