Cornwell v. Clement
New York Supreme Court
Appeal from special term, Queens county. Action by Valentine Cornwell, who sues for himself and for the other heirs of John Cornwell, deceased, against Charles H. Clement. A demurrer to the complaint was sustained, and plaintiff appeals.
1Opinion of the CourtDykman, J.
This is an appeal by the plaintiff from a judgment sustaining a demurrer to the complaint in the action, with leave to amend the same on payment of costs. The complaint alleges that on the 22d day of July, 1878, the heirs of John Cornwell, deceased, of whom the plaintiff was one, were the owners of certain lands in this state, but that none of the heirs were then in the actual possession of such premises, and the same were claimed by third parties adverse to such heirs. That, on or about the day ■named, an agreement was made between such heirs and the defendant, whereby it was agreed that the…
2Cases cited7 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Pepper v. HaightNew York Supreme Court · 1854
- Howard v. HowardNew York Supreme Court · 1854
- Clarke v. HughesNew York Supreme Court · 1852
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3Cited by4 opinions
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