Wiegel v. Mogk
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Timothy Y. Brown, both individually and as executor, etc., of Ephraim D. Brown, deceased, and others,, from an order of the Supreme Court, made at the Kings County-Special Term and entered in. the office of the clerk of the county of Kings on the 25th day of October, 1899, denying their motion for leave to serve an amended answer.
1Opinion of the Court
Goodrich, P. J.:
The action is for the partition of certain lots formerly belonging to the firm of Mogk & Brown. In 187-7 Brown withdrewfrom the partnership, and in- consideration of $1,000 sold his interest in the-firm property to Mogk by an- informal instrument which was not. sufficient to transfer the title of the real estate. He died in 1877. From that time down to the time of his death in 1896, Mogk treated the property as his own, paying the taxes and assessments, and his heirs have paid them since to the amount of several thousand dollars. *191The property was unproductive. In 1896 an…
2Cited by1 opinion
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