Diefendorf v. Diefendorf
New York Supreme Court
Appeal from circuit court, Montgomery county. Action by Catherine Diefendorf against Mariah Diefendorf .and others, to remove a cloud upon plaintiff’s title to premises in Montgomery county, $T. Y. Plaintiff was the wife of John Diefendorf, deceased, and defendants are his heirs at law.
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Appeal from circuit court, Montgomery county. Action by Catherine Diefendorf against Mariah Diefendorf .and others, to remove a cloud upon plaintiff’s title to premises in Montgomery county, $T. Y. Plaintiff was the wife of John Diefendorf, deceased, and defendants are his heirs at law. Prior to July 2, 1885, Diefendorf was the owner of the premises in question, where he had lived with his wife for some years, having no business except to look after his real estate, and plaintiff carried on the millinery business on her own account. On July 2, 1885, Diefendorf requested a physician to prepare…
1Opinion of the CourtLearned, P. J.
This cause came on to be tried before the court aní a jury. At the conclusion of the evidence the court took the cause from the jury, and reserved it for further consideration. It was subsequently submitted on written and oral arguments. As no objection was made by either party to this course, it must be considered as assented to, and we need not inquire whether a jury trial was not the right of the parties. The complaint alleges a title to certain land in the plaintiff by deed from John Diefendorf, since deceased, and her possession thereof, and that she and said John Diefendorf had *619been in…
2Cases cited5 opinions
- Jones v. CliftonSupreme Court of the United States · 1880
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Church v. GilmanNew York Supreme Court · 1836
- Hunt v. . JohnsonNew York Court of Appeals · 1870
- Townshend v. TownshendNew York Supreme Court · 1875
3Cited by3 opinions
- Adamkiewicz v. LansingAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Estate of HoffmanNew York Surrogate's Court · 1919
- Estate of Williams, Superior Court of California, County of San Francisco1895