Salisbury v. Slade
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Benjamin J. Slade and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, and of the defendants Mabel Sheldon and others, entered in the office of the clerk of the county of Saratoga on the 13th day of August, 1896, upon the decision of the court rendered after atrial at the Saratoga Special Term in a partition action.
1Opinion of the Court
Landon, J.:
The appellant Benjamin J. Slade contends that he is the sole-owner in fee of the entire premises and that the plaintiff owns no-interest therein, and that, therefore, the judgment appealed from, which, among other things, declares the plaintiff to be the owner of one undivided twenty-eighth part thereof, should be reversed.
This contention is based upon the will of Benjamin Slade, the father of the appellant and the grandfather of the plaintiff, and also-upon a former judgment of partition and the purchase by Benjamin J. Slade of the entire premises under the judgment.
Benjamin…
2Cases cited5 opinions
- Campbell v. . StokesNew York Court of Appeals · 1894
- Brewster v. . StrikerNew York Court of Appeals · 1848
- Leggett v. . PerkinsNew York Court of Appeals · 1849
- Osborn v. . SchenckNew York Court of Appeals · 1880
- Gourley v. . CampbellNew York Court of Appeals · 1876
3Cited by4 opinions
- Neblett v. SmithSupreme Court of Virginia · 1925
- Stillwater & Mechanicville Street Railway Co. v. SladeAppellate Division of the Supreme Court of the State of New York · 1899
- Stillwater & Mechanicville Street Railway Co. v. SladeAppellate Division of the Supreme Court of the State of New York · 1899
- Salisbury v. SladeAppellate Division of the Supreme Court of the State of New York · 1897