Barber v. Rowe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William H. Rowe, Jr., and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Washington on the 10th day of May, 1921, upon the decision of the court rendered after a trial before the court without a jury, adjudging a legacy of $2,000 bequeathed by Truman Waller, deceased, to be a lien upon the premises described in said judgment owned by the defendants, and directing the sale…
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Appeal by the defendants, William H. Rowe, Jr., and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Washington on the 10th day of May, 1921, upon the decision of the court rendered after a trial before the court without a jury, adjudging a legacy of $2,000 bequeathed by Truman Waller, deceased, to be a lien upon the premises described in said judgment owned by the defendants, and directing the sale of said premises to pay the same. A testator named Truman Waller owned a farm in Washington county, N. Y., in 1876, and…
1Opinion of the Court
Hinman, J.:
The appellants advance four reasons why the judgment appealed from should be reversed. In each of these points it is argued that the complaint does not state a cause of action. It is urged,
First, that there being no allegation in the complaint and no finding in the case that Truman Waller owned the farm in question in 1880 at the time of his death, the plaintiffs have failed to make out a cause of action;
Second, that the complaint does not state a cause of action because it does not allege that said legacy, sought to be enforced against the real property herein, has not been paid;
Th…
2Cases cited17 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Riggs v. . PursellNew York Court of Appeals · 1878
- Hyde v. StoneNew York Supreme Court · 1831
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Clowe v. . SeaveyNew York Court of Appeals · 1913
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Endurance Holding Corp. v. Kramer Surgical Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1930
- Fried v. Continental Casualty Co.City of New York Municipal Court · 1935
2 more not listed; retrieve them via the Exa API.