Austin v. . Ahearne
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment of the Special Term. This action was brought for the partition or sale of two lots of land in the city of Hew York. The plaintiff and the defendant Ahearne were owners in fee of the premises, each owning one undivided half thereof.
Read the full summary
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment of the Special Term. This action was brought for the partition or sale of two lots of land in the city of Hew York. The plaintiff and the defendant Ahearne were owners in fee of the premises, each owning one undivided half thereof. The plaintiff acquired her interest by two separate conveyances ; one undivided quarter being conveyed to her October 2d, 1866, and another January 16th, 1869. The defendant Ahearne acquired her interest February 15th, 1866 ; she then claiming the…
1Opinion of the Court
Dwight, C.
The appellant objects in this cause that as the reference was to hear and determine the issues in the action, the referee’s decision was that of the court, and could not be reviewed or in any way affected by the court at Special Term, but only by appeal to the General Term.
Taking the order of reference as a whole, it is plain that it was not intended as a reference of the whole issue, but rather as the one resorted to under the old practice through the medium of a master in chancery. The referee was directed in the order to inquire and report as to the sale of the premises and the…
2Cases cited2 opinions
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Branger & Driard v. ChevalierCalifornia Supreme Court · 1858
3Cited by44 opinions
- Holm v. C.M.P. Sheet Metal, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Ripple's of Clearview, Inc. v. Le Havre AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
- Prairie Oil & Gas Co. v. AllenCourt of Appeals for the Eighth Circuit · 1924
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
- Newbold v. SmartSupreme Court of Alabama · 1880
39 more not listed; retrieve them via the Exa API.