Green v. Horn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles F. W. Horn, from á judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Warren on the 27th day of April, 1908, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 7th day of May, 1908, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Charles F. W. Horn, from á judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Warren on the 27th day of April, 1908, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 7th day of May, 1908, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover two parcels of land described in the complaint. The defendant by his answer denied that he was in possession of the first parcel. He admitted that…
1Opinion of the Court
Sewell, J.:
The parties to this action claim title through one "William Caldwell, who died May 1, 1848, possessed of a large tract of land, of which the lot in dispute was a part. By a codicil to" his will he devised an undivided one-third to Eliza McGillis, during life; with remainder to her children. The undivided two-thirds he gave to Helen Louisa Parmelee and Catherine E. Van Cortlandt. ■
In August, 1851, an action for the partition of this tract was commenced, and an interlocutory judgment, directing partition and designating commissioners to make the partition, was duly entered. The…
2Cases cited5 opinions
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Barnes v. . LightNew York Court of Appeals · 1889
- Arents v. . Long Island R.R. Co.New York Court of Appeals · 1898
- New York Central & Hudson River Railroad v. BrennanAppellate Division of the Supreme Court of the State of New York · 1896
- de St. Laurent v. GescheidtAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- In Re HaynesUnited States Bankruptcy Court, S.D. New York · 2002