Robinson v. . Kime
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming • a judgment in favor of plaintiff, entered upon a verdict. Tins was an action for waste. It was originally brought by Simeon B. Robinson, plaintiff’s testator, who died after judgment. The premises in question were part of lot twenty-three, in the town of Fayette, Seneca county.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming • a judgment in favor of plaintiff, entered upon a verdict. Tins was an action for waste. It was originally brought by Simeon B. Robinson, plaintiff’s testator, who died after judgment. The premises in question were part of lot twenty-three, in the town of Fayette, Seneca county. The facts, so far as material to the questions discussed, appear sufficiently in the opinion. An action for waste cannot be maintained against defendant. (2 R. S., 336, § 18; id., 338, §§ 1, 2; Owen v.…
1Opinion of the CourtAndrews, J.
The defendant, at the time of committing the several acts of waste specified in the report of the referee, was the grantee of the life estate of Elizabeth Kime, in the lands on lot 23, admeasured and set apart as and for her ■ dower, out of the lands on said lot, of which her husband was seized at the time of his death in 1853.
The original plaintiff, by a deed from the defendant, as executor of his father, Christian Kime, dated April 11, 1859, containing covenants of warranty of title by the defendant as executor and individually, executed by virtue of a power contained in the will of…
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- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
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- Drew v. . SwiftNew York Court of Appeals · 1871
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- Allen v. CrossAppellate Division of the Supreme Court of the State of New York · 1978
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