Wainman v. . Hampton
New York Court of Appeals
Appeal, under section 1336 of the Code of Civil Procedure, from a final judgment of Special Term after an affirmance by the General Term of the Supreme Court in the fifth judicial department, by an order made October 31, 1884, of an interlocutory judgment herein. The nature of the action and the material facts are stated in the opinion.
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Appeal, under section 1336 of the Code of Civil Procedure, from a final judgment of Special Term after an affirmance by the General Term of the Supreme Court in the fifth judicial department, by an order made October 31, 1884, of an interlocutory judgment herein. The nature of the action and the material facts are stated in the opinion. The complaint should have been dismissed as it contained no allegation that the parties, or either of them, was or ever had been in possession of the lands in question, nor even that the ancestor, John Hampton, was ever in possession. (Code of Pro. § 448; 3 R.…
1Opinion of the CourtEarl, J.
This is an action for the partition of certain lands situated in Livingston county, and it was commenced and tried prior to September 1,1880, when the second part of the Code of Oivil Procedure concerning actions for partition took effect. Hence it is governed by the provisions of the Revised Statutes relating to the partition of lands. The complaint alleged that John Hampton, being the owner in fee of the lands described, died intestate in April, 1877, leaving no widow of issue, and that the lands descended to the persons mentioned in the complaint as his heirs, and were at the commencement…
2Cases cited4 opinions
- Florence v. . HopkinsNew York Court of Appeals · 1871
- Jenkins v. Van SchaackNew York Court of Chancery · 1831
- Beebee v. . GriffingNew York Court of Appeals · 1856
- Bradshaw v. CallaghanCourt for the Trial of Impeachments and Correction of Errors · 1811
3Cited by18 opinions
- Weston v. . StoddardNew York Court of Appeals · 1893
- Heinze v. Butte & Boston Consolidated Min. Co.Court of Appeals for the Ninth Circuit · 1903
- Chittenden v. GatesAppellate Division of the Supreme Court of the State of New York · 1897
- Emery v. DanaSupreme Court of New Hampshire · 1912
- Crippen v. SpiesAppellate Division of the Supreme Court of the State of New York · 1938
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