Bowne v. Colt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jessie D. Bowne, from part of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of June, 1915, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
Page, J.:
This is an appeal by the defendant Jessie D. Bowne from as much of a judgment of partition and sale as excludes her from any interest in the real property, the subject of the action.
The issue determined by that portion of the judgment from which this appeal was taken is the allegation of the complaint that “ the defendant Jessie D. Bowne is seized of an estate for life in an equal undivided third part of said premises,” which is denied in the answers of the respondents Colt and Jacobson. The facts are not disputed.
Walter Bowne died on October 13, 1877, leaving an estate consisting of…
2Cases cited3 opinions
- Durando v. . DurandoNew York Court of Appeals · 1861
- Slater v. RawsonMassachusetts Supreme Judicial Court · 1843
- Miller v. MillerCourt of Appeals of Kentucky · 1863