Becker v. . McCrea
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 19, 1907, which affirmed a judgment in favor of the respondents herein entered upon a decision of the court on trial at Special 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 second judicial department, entered April 19, 1907, which affirmed a judgment in favor of the respondents herein entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The learned trial judge erred in holding that the right of redemption of the plaintiffs and of the defendant McCrea was cut off by section 379 of the Code of Civil Procedure. (Winslow v. Clark, 47 N. Y. 261; Warder v. Enslen, 73 Cal. 291; Miner v. Beekman, 50…
1Opinion of the Court
Cullen, Ch. J.
This action was brought for the partition of certain lands in Westchester county, claimed to be owned by the plaintiffs and certain of the defendants as tenants in common. The premises were not in the actual possession of these parties, but were held and occupied by the respondents, the defendants Anne B. Eddy, and others. It appears that on May 1st, 1877, Jane B. Eddy conveyed to Bernard Spaulding the premises in question. From him the appellants deduce their title. It further appears that contempo raneous with the conveyance to Spaulding he executed a mortgage of the same…
2Cases cited6 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Chase v. . PeckNew York Court of Appeals · 1860
- Phyfe v. RileyNew York Supreme Court · 1836
- Trimm v. . MarshNew York Court of Appeals · 1874
- Howell v. . LeavittNew York Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Flyer v. SullivanAppellate Division of the Supreme Court of the State of New York · 1954
- Turk v. PageSupreme Court of Oklahoma · 1918
- Rodack v. New Moon TheatreAppellate Terms of the Supreme Court of New York · 1923
- Ham v. FlowersSupreme Court of South Carolina · 1949
- Huber v. Glenrock State BankWyoming Supreme Court · 1925
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