Theobald v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Zoe Theobald against Catharine Smith and others. From a judgment dismissing the complaint, plaintiff appeals. Affirmed.
1Opinion of the CourtPatterson, J.
The plaintiff, a sister of Abby E. Allen, deceased, claims that she and the defendants Catharine Smith and Frances Glover, also sisters of the decedent, are the only heirs at law of such decedent, who died in 1903, intestate, seised of certain land in the city of New York and of other land in the county of Suffolk, in the state of New York, and she seeks partition of such premises. It is alleged in the complaint that the defendant Minnie Allen, sued as Minnie T. Ostheim, claims some interest in the premises, and that defendant set up in her answer that she was entitled to the premises by…
2Cases cited1 opinion
- Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Calhoun v. BryantSouth Dakota Supreme Court · 1911
- Sorenson v. RasmussenSupreme Court of Minnesota · 1911
- Stein v. MeyerWisconsin Supreme Court · 1931
- In re Estate of Renton, Superior Court of California, County of San Francisco1892