Whitney v. . Whitney
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 21,1901, which affirmed a judgment of the trial court dismissing the complaint on the merits and adjudging that the defendant Jennie W. Carll have judgment against the plaintiff and each of her co-defendants, except the defendant Bichard C. Carll, upon the issues in the action, with costs.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 21,1901, which affirmed a judgment of the trial court dismissing the complaint on the merits and adjudging that the defendant Jennie W. Carll have judgment against the plaintiff and each of her co-defendants, except the defendant Bichard C. Carll, upon the issues in the action, with costs. The nature of the action and the facts, so far as material, are stated in the opinion. A new trial should be granted to the defendant Sealey B. Whitney for the reason that he was…
1Opinion of the CourtBartlett, J.
This, action was brought for the partition of the real property of which Darling B. Whitney, deceased, died seized. The deceased left him surviving the plaintiff and the defendant Sealey B. Whitney, his sons, and the defendants Jennie W. Carll, the child of a deceased daughter, and Hattie F. W. Spicer, Roger U. Whitney and Stanton J. F. Whitney, children of a deceased son.
The complaint alleges that the deceased died intestate, and that the above persons are seized in fee and lawfully entitled to the possession of the property described, in certain proportions named, as heirs at law of Darling…
2Cases cited7 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- McKyring v. . BullNew York Court of Appeals · 1857
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Robinson v. FrostNew York Supreme Court · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Alva v. Hurley, Fox, Selig, Caprari & KelleherNew York Supreme Court · 1993
- Cooley v. CooleyNew York Supreme Court · 1921
- Feinberg v. AllenAppellate Division of the Supreme Court of the State of New York · 1911
- McCloskey v. . HendersonNew York Court of Appeals · 1921