Dolan v. Cummings
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michael Cummings, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office ©f the clerk of the county of Kings on the 28th day of April, 1905, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Rich, J.:
Defendant appeals from a judgment after trial by the court, without a jury, adjudging that sales of real property by the plaintiffs to him be rescinded and.that he reconvey the property. Prior to February, 1904, the parties, who are brothers and sister, each owned in fee simple, as tenants in common, the equal undivided one-fifth part of eight and twenty-five one-hundredths acres of land in the county of ’ Kings, devised to them by their father. The trial court has found upon sufficient evidence that the market value of the land in February, 1904, was $2,000 per'acre, and defendant…
2Cases cited2 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- Dambmann v. . SchultingNew York Court of Appeals · 1878
3Cited by10 opinions
- Gugel v. HiscoxAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Accounting of PolskyAppellate Division of the Supreme Court of the State of New York · 1963
- Barnes v. WatermanNew York Supreme Court · 1907
- Schneider v. BrennerNew York Supreme Court · 1929
- In re the Judicial Settlement of the Account of WeberNew York Surrogate's Court · 1922
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