Satterlee v. . Kobbe
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 26, 1901, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 26, 1901, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The rule that an outstanding claim of title in a cotenant can be tried in partition is broad enough to cover the case of an outstanding adverse claim of title in a stranger. (Weston v. Stoddard, 137 N. Y. 119; Code Civ. Pro. §§ 1542, 1543; Drake v. Drake, 61 App.…
1Opinion of the CourtO’Brien, J.
The complaint in this case states a good cause of action for the partition of lands. The lands sought to be partitioned consist of a large .number of islands in the St. Lawrence river within the limits of the county of Jefferson. Most of these islands are wild and unoccupied land. According to the allegations of the complaint the plaintiff and certain of the defendants named are the owners of all the islands as joint tenants or tenants in common. Some thirty different persons have been made defendants in the action. As to several of the defendants the complaint states that they claim .some…
2Cases cited10 opinions
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Putnam v. RitchieNew York Court of Chancery · 1837
- Ford v. . KnappNew York Court of Appeals · 1886
- Baker v. . OakwoodNew York Court of Appeals · 1890
- Weston v. . StoddardNew York Court of Appeals · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Worthing v. CossarAppellate Division of the Supreme Court of the State of New York · 1983
- Wallace v. . McEchronNew York Court of Appeals · 1903
- Beers v. HotchkissNew York Court of Appeals · 1931
- Clarke v. KeatingAppellate Division of the Supreme Court of the State of New York · 1918
- Grosch v. KesslerNew York Court of Appeals · 1931
30 more not listed; retrieve them via the Exa API.