Barton v. Reynolds
New York Supreme Court
Action for the partition of real property. Demurrer to complaint.
1Opinion of the CourtSawyer, J.
This is an action for partition of real property. The complaint shows that one Albert Reynolds died prior to the commencement of the action intestate and leaving the real estate in question. That he was survived by his wife, Jennie B. Reynolds, and these plaintiffs who were his sisters, and his sole heirs and next of kin.
The defendants in the action are the widow, Jennie B. Reynolds, and the administrators of the personal property of Mr. Reynolds.
The vested dower of the widow in the premises has not been admeasured and, under the provisions of section 1538 of the Code of Civil Procedure, any…
2Cases cited4 opinions
- Florence v. . HopkinsNew York Court of Appeals · 1871
- Burhans v. BurhansNew York Court of Chancery · 1847
- Purdy v. PurdyAppellate Division of the Supreme Court of the State of New York · 1897
- Bellinger v. TaylorNew York Supreme Court · 1910
3Cited by5 opinions
- Peck v. WatsonSupreme Court of Georgia · 1928
- Calmese v. WeinsteinSupreme Court of Arkansas · 1961
- Madawick Contracting Co. v. Travelers InsuranceNew York Supreme Court · 1952
- Barton v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1913
- Shaker-Lee Theatre Co. v. CommissionerUnited States Tax Court · 1955