Schreyer v. Schreyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, "Elizabeth .Gibbins and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Yew "York on the 3d day of June, 1904, upon the decision of the court,, rendered after a trial at the Yew York Special Term in a partition action, adjudging ^líe appellants to have no right, title or interest, in or claim upon the premises described in said judgment.
1Opinion of the Court
Hatch,. J.:
The sole question involved in this action is the determination of the present ownership of the fee of the. premises sought to be partitioned, . The appellants claim the fee under a deed of trust executed-by their mother, Henrietta E. Gibbins, to one Lowry. The respond-.. ,-ent and .those claiming under him contend that this deed- of trust , was nullified by reconveyance from Lowry to Mrs. Gibbins and that - the fee came to them from the executor of Mrs. Gibhins. Upon the 8th day of July, 1889j Mrs. Gibbins, then being the owner of the fee • ■of the premises in question, executed a…
2Cases cited4 opinions
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Barnard v. . GantzNew York Court of Appeals · 1893
- Von Hesse v. . MacKayeNew York Court of Appeals · 1892
- Brown v. SpohrAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by18 opinions
- Langley v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1932
- McGillivray v. First National BankNorth Dakota Supreme Court · 1927
- Schofield v. Cleveland Trust Co.Ohio Supreme Court · 1939
- Johnston v. ScottNew York Supreme Court · 1912
- Hammerstein v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1913
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