Bowen v. Sweeney
New York Supreme Court
Appeal from special term, New York county. Action by Michael Bowen against Michael Sweeney and others, for partition. From an order denying a motion to set aside the verdict, and from the interlocutory judgment entered on said verdict and on a decision of the special term, and from the final judgment entered on the report of a referee appointed to sell, defendants Michael Sweeney and Catherine Gallagher appeal. . Affirmed.
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Appeal from special term, New York county. Action by Michael Bowen against Michael Sweeney and others, for partition. From an order denying a motion to set aside the verdict, and from the interlocutory judgment entered on said verdict and on a decision of the special term, and from the final judgment entered on the report of a referee appointed to sell, defendants Michael Sweeney and Catherine Gallagher appeal. . Affirmed. August 27, 1885, Mary T. Hatten died seised in fee simple of a piece of land situate at the northwest corner of First avenue and Thirteenth street, which is 43 feet and 3…
1Opinion of the CourtFollett, J.
As all of the litigants assume that Mary T. Hat-ten died seised in fee simple of the whole of the premises, we shall rest our judgment on that assumption, without considering its validity.
All of the litigants in this action were parties to the proceedings in the surrogate’s court to probate the will, to the appeal to the general term, and -to the trial before the common pleas. The first question presented is whether the decree of the surrogate’s court, affirming the original probate entered on the verdict rendered in the court of common pleas, is a bar to this action? At common law, the…
2Cases cited6 opinions
- Bogardus & Clark v. ClarkNew York Court of Chancery · 1834
- Reid v. VenderheydenCourt for the Trial of Impeachments and Correction of Errors · 1826
- Bogardus v. ClarkeNew York Court of Chancery · 1832
- Jones v. . JonesNew York Court of Appeals · 1890
- Long v. RodgersNew York Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fox v. BartonAppellate Division of the Supreme Court of the State of New York · 1897
- Dresser v. TravisNew York Supreme Court · 1902
- Wadsworth v. . HinchcliffNew York Court of Appeals · 1916
- In re Proving the Last Will & Testament of FischerAppellate Division of the Supreme Court of the State of New York · 1912
- Cassidy v. SavageNew York Supreme Court · 1934
5 more not listed; retrieve them via the Exa API.