Curran v. Hosey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Margaret Hosey and others, from an order of the Supreme Court, made at the Ontario Trial Term and entered in the office of the clerk of the county of Ontario on the 7th day of March, 1912, denying the defendants’ motion for a new trial and to set aside the verdict of a jury-
1Opinion of the Court
Lambert, J.:
The action, in form, is partition. Michael Hosey and John Hosey were brothers and were the owners in fee, as tenants in common, of the premises in question. On January 18, 1890, John Hosey conveyed his interest in this title, by quitclaim deed, to his brother Michael. Michael predeceased John" and John died, intestate, April 16, 1910. The defendants are the heirs at law and widow of Michael and they claim title to the *558premises by descent. The plaintiff is the daughter and only heir at law of John, and she, likewise, claims title by descent.
Plaintiff seeks in this partition action…
2Cases cited4 opinions
- Best v. ZehNew York Supreme Court · 1894
- Best v. . ZehNew York Court of Appeals · 1895
- Thomas v. ThomasAppellate Division of the Supreme Court of the State of New York · 1896
- Zoccolo v. SternNew York Supreme Court · 1898
3Cited by1 opinion
- Barker v. BarkerAppellate Division of the Supreme Court of the State of New York · 1915