Legal Opinion

Fannon v. McNally

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 4 opinions

Appeal by the defendant, Sarah Cunningham, 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 7th day of July, 1898, directing that the defendant Sarah Cunningham ■ and her attorneys return to the referee her distributive share of the real estate of Catharine Shields, deceased, which was paid to her under a final judgment in the action, and directing that it be referred to a referee…

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Appeal by the defendant, Sarah Cunningham, 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 7th day of July, 1898, directing that the defendant Sarah Cunningham ■ and her attorneys return to the referee her distributive share of the real estate of Catharine Shields, deceased, which was paid to her under a final judgment in the action, and directing that it be referred to a referee to take proof of claims against the decedent’s estate. The action was brought for the partition of premises of which one…

1Opinion of the Court

Per Curiam :

The moving papers show that one Margaret Walsh was a creditor of Catharine Shields, deceased, in the sum of $4.00 and upwards. . The real estate of Catharine Shields became'the subject of an action of partition, to which Sarah Cunningham, the appellant, was a party. Said action proceeded in the usual form, and an interlocutory judgment therein was entered, directing the sale of the premises, which were subsequently sold by a referee. Upon the coming in of the report of the referee appointed under the interlocutory judgment, the *610same was confirmed and final judgment'was entered…

2Cases cited1 opinion

  1. Jordan v. . Van EppsNew York Court of Appeals · 1881

3Cited by4 opinions

  1. Ex Parte JohnsonSupreme Court of South Carolina · 1928
  2. In re AndrewsNew York Supreme Court · 1907
  3. Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1899
  4. Swygert v. KeelSupreme Court of South Carolina · 1928

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