Legal Opinion

Booth v. Fordham

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1905PublishedCited by 2 opinions

' Appeal by the defendants, Carrie H. Fordham and another, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on , the 11th day of July, 1904, setting aside the verdict of a jury theretofore rendered in favor of the defendants and granting the plaintiff’s motion for a new trial of the action.

1Opinion of the Court

Spring, J.:

The action is partition, and the defendant Abial D. Booth is the father of the plaintiff and the defendant Carrie H. Fordham. Milo Byington, by will admitted to probate in 1864, devised the premises *116in controversy to his daughter Mary Jane Booth and her husband, the defendant Abial. These devisees lived on the farm until 1877 as joint owners thereof. In December of that year they entered into an agreement of separation, and as part of the consideration thereof the wife was to convey her interest.in the land to her husband, and he was to pay her $1,500 and she was to go unmolested.

A…

2Cases cited6 opinions

  1. Hendricks v. . IsaacsNew York Court of Appeals · 1889
  2. Miner v. . BrownNew York Court of Appeals · 1892
  3. Jooss v. . FeyNew York Court of Appeals · 1891
  4. Everett v. . EverettNew York Court of Appeals · 1872
  5. Booth v. FordhamAppellate Division of the Supreme Court of the State of New York · 1902

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3Cited by2 opinions

  1. Bartkowaik v. SampsonOneida County Court · 1911
  2. Roberts v. RobertsNew York Supreme Court · 1954

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