Hume v. Fleet
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Melancthon Fleet and others, from an ' interlocutory judgment of the County Court of Queens county in favor of the plaintiff and of the defendant, The State of Hew York, entered in the office of the clerk of the county of Queens on the 21st day of December, 1896, upon the- decision of the court rendered after a trial before the- court-without a jury directing a-sale in partition of the premises described in the complaint.
1Opinion of the Court
Willard Bartlett, J.:
This is a partition suit in which the County Court of Queens county has rendered an interlocutory judgment,, fixing the interests of the respective parties and directing a sale of the property. The appellants insist that they are entitled to an actual partition of the premises, instead of being compelled to have the property sold, and, *186furthermore, that the County Court erred in awarding to the State of Hew York any interest whatever in the lands in suit.
These lands consist of meadow bordering upon a creek which flows into Jamaica bay. In the complaint they are described…
2Cases cited5 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Woodgate v. . FleetNew York Court of Appeals · 1870
- Pell v. . UlmarNew York Court of Appeals · 1858
- Sheridan v. HouseNew York Court of Appeals · 1868
- Goldman v. KennedyNew York Supreme Court · 1888
3Cited by2 opinions
- Glover Livestock Commission Company, Inc. v. Clifford M. Hardin, Secretary of Agriculture, and the United States of AmericaCourt of Appeals for the Eighth Circuit · 1972
- Ray v. JaegerAppellate Division of the Supreme Court of the State of New York · 1909