Hicks v. Pearsall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth P. Hicks, from, a judgment of the Supreme Court in favor of the defendants, entered in the. office of the clerk of the county of Dutchess on the 30th day of January, 1912, upon the decision of the court, rendered after a trial at the Dutchess Special Term, dismissing the complaint in an action for partition.
1Opinion of the Court
Woodward, J.:
A simple statement of the conceded facts in this case would seem to afford a complete answer to the contention of the plaintiff upon this appeal. The complaint sets up the usual action in partition, alleged ownership of the fee in the plaintiff and the several defendants. The defendant Annie T. Pearsall denies ownership in the plaintiff and her codefendants, and alleges ownership in herself, and denies that any party to the action, other than herself, has.any interest therein. On the trial of the action upon these pleadings, without allegation of fraud, the plaintiff introduced…
2Cited by3 opinions
- Hackensack Water Co. v. GENERAL ACCIDENT, ETC.New Jersey Superior Court Appellate Division · 1964
- State v. SherryNew Jersey Superior Court Appellate Division · 1965
- Hicks v. PearsallAppellate Division of the Supreme Court of the State of New York · 1914