Scott v. Elmore
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action was for partition of real property, the plaintiff claiming an interest therein, under a deed executed by a receiver, in proceedings supplementary to execution, -of a judgment debtor having a life estate in said property. The order appointing the receiver was duly recorded in the proper clerk’s office.
1Opinion of the Court
Dykman, J.:
The object of this action is to procure the partition or sale of certain real property in the county of Queens. The original source of title to the premises was Annette 0. Elmore. She died seized in fee of the premises, and intestate, in October, 1872, leaving her surviving, her husband James H. Elmore, and two children Charles Elmore and James H. Elmore, Jr. Charles has since died intestate and without issue. On the 21st day of January, 1875, William Bunting was appointed the receiver of the property of James H. Elmore, in proceeding supplementary to execution, by the county judge…
2Cases cited3 opinions
- Chipman v. SabbatonNew York Court of Chancery · 1837
- Moak v. CoatsNew York Supreme Court · 1860
- Wilson v. WilsonNew York Court of Chancery · 1846