Hall v. Hall
New York Supreme Court
Appeal from order of special term, granting the motion of the defendant, that plaintiff elect the action to be prosecuted.
Read the full summary
Appeal from order of special term, granting the motion of the defendant, that plaintiff elect the action to be prosecuted. It appears from the complaint, that the plaintiff is seized in fee of two tenths of certain parcels of land described in the complaint, and that the defendant is so seized' of eight tenths. . It is alleged in the complaint, that the plaintiff made a verbal contract with the defendant, to purchase his eight tenths of the premises,and that the defendant agreed to sell to the plaintiff, that the plaintiff entered into possession of the premises and is still in possession,…
1Opinion of the Court
By the Court.
Marvin J.
The'counsel for the defend ant supposes that two inconsistent causes of action are blended in one count in the complaint.
The counsel for the plaintiff insists that the action is for specific performance of the parol contract. The intention as shown by the complaint, is undoubtedly to litigate the question of the right of the plaintiff, to a judgment for a specific performance of the parol ■ contract set forth in the complaint.
The tacts neccessary to show a right for partition, (viz. that the plaintiff and defendant, are seized in fee of the premises in the proportions of…
2Cited by4 opinions
- Donovan v. McDevittMontana Supreme Court · 1907
- Phenix National Bank v. A. B. Cleveland Co.New York Supreme Court · 1890
- Pierson v. MorganNew York Supreme Court · 1887
- Schiffer v. LauterbachAppellate Division of the Supreme Court of the State of New York · 1896