Legal Opinion

Kellum v. Mission of Immaculate Virgin for the Protection of Homeless and Destitute Children

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

Decided July 1, 1903PublishedCited by 2 opinions

Appeal by the defendant, The Mission of the Immaculate Virgin for the Protection of Homeless and Destitute Children, from a judgment of theSupreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 27th day of December, 1901, upon the verdict of a jury rendered by direction of the court after a trial at th.e Queens County Trial .Term, adjudging that‘the. plaintiffs are the owners in fee of an equal undivided one-half part of…

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Appeal by the defendant, The Mission of the Immaculate Virgin for the Protection of Homeless and Destitute Children, from a judgment of theSupreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 27th day of December, 1901, upon the verdict of a jury rendered by direction of the court after a trial at th.e Queens County Trial .Term, adjudging that‘the. plaintiffs are the owners in fee of an equal undivided one-half part of the premises in question, and are entitled to recover possession thereof from the defendant. •

1Opinion of the Court

Jenks, J.:

This is an action of ejectment from lots 4 and'5,'in the second division of the beach, at Far Rockaway, Queens county. At. the close of the case the court directed a verdict for the plaintiffs., .

The plaintiffs complained that the lands were set off in 1808 by a judgment in partition to Thomas Bannister and Rachael, his wife; that plaintiffs as the heirs of one of the children of Thomas and Rachael were entitled to an undivided one-half interest in the lands as tenants in common with the heirs or the grantees of the heirs of, Alice McNeil, born Bannister, the other child of the said…

2Cases cited12 opinions

  1. Becker v. . KochNew York Court of Appeals · 1887
  2. Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
  3. Colvin v. BurnetNew York Supreme Court · 1837
  4. Abeel v. . Van GelderNew York Court of Appeals · 1867
  5. Pitts v. . WilderNew York Court of Appeals · 1848

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Kellum v. CorrAppellate Division of the Supreme Court of the State of New York · 1912
  2. Betjemann v. Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1908

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