Luhrs v. . Eimer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of defendant, rendered upon a case submitted under section 1279 of the Code of Civil Procedure.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of defendant, rendered upon a case submitted under section 1279 of the Code of Civil Procedure. (Reported below, 15 Hun, 399.) The facts submitted were, in substance, as follows: The parties hereto, in February, 1877, entered into an agreement by which the defendant contracted to sell and convey, and the plaintiff agreed to purchase, certain premises situated in the city of Now York. The plaintiff refused to accept a conveyance upon the ground that the title of the defendant to the land…
1Opinion of the Court
Andrews,
J. Barbara Eimer, by her intermarriage with Gottfried Baur in 1857, who was a citizen, became herself a citizen, by virtue of such marriage, and capable of taking and holding lands in this State by purchase or descent: (U. S. Statutes at Large, voh 10, ch. 71, p. 604; 1 R. S., 719, § 8; Burton v. Burton 1 Keyes, 359; Kelly v. Owen, 7 Wall., 496.) Upon the death of her brother, Jacob Schlcgel, intestate, in 1866, the premises in question would have descended under our statute to Ludwig Schlegel, the father of Jacob, except for the fact of the alienage of Ludwig, which impeded the…
2Cases cited6 opinions
- Kelly v. OwenSupreme Court of the United States · 1869
- Wood v. OakleyNew York Court of Chancery · 1845
- Burton v. BurtonNew York Court of Appeals · 1864
- McGregor v. . ComstockNew York Court of Appeals · 1850
- Heney v. Trustees of Brooklyn Benevolent SocietyNew York Court of Appeals · 1868
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3Cited by22 opinions
- Wunderle v. WunderleIllinois Supreme Court · 1893
- Germania Savings Bank v. Village of Suspension BridgeNew York Court of Appeals · 1899
- In Re the Will of SamsonNew York Court of Appeals · 1931
- State ex rel. Taylor v. WurdemanMissouri Court of Appeals · 1908
- Wainwright v. . LowNew York Court of Appeals · 1892
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