Fairweather v. Burling
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eliza Fairweather, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of May, 1904, granting the defendant’s motion for a reference.
1Opinion of the Court
Hooker, J. :
This is an ordinary action of partition. The defendant is an infant and puts in issue the allegation of the complaint that the plaintiff is the owner of an interest in the premises described therein. The defendant moved at Special Term for a reference, and an order was granted referring the action to a referee to take proof of the title and interests of the respective parties, and of the counterclaim contained in the answer; and to ascertain and report who are the persons entitled to the premises. The order generally directed the reference to proceed in conformity with the usual…
2Cases cited3 opinions
- Jones v. . JonesNew York Court of Appeals · 1890
- Levine v. GoldsmithAppellate Division of the Supreme Court of the State of New York · 1902
- Southack v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1901