Corwithe v. Griffing
New York Supreme Court
THIS was an action brought to set aside a judgment of the late court of common pleas of the county of Suffolk, in a partition suit, on the grounds of fraud and want of jurisdiction. The present action was tried at the Suffolk circuit in May, 1855, before Justice S. B. Strong and a jury, The facts will be found detailed in the opinion below.
1Opinion of the CourtS. B. Strong, J.
The plaintiffs instituted this action to set aside a report of commissioners in partition and .a judgment confirming it, in a suit in the late court of common pleas of the county of Suffolk, in which the late Stephen Griffing was plaintiff, or petitioner, and two of the plaintiffs in this action and the late Nathan Corwithe, whose share in the land in controversy belongs to the other three plaintiffs, with others were defendants, on the grounds that the lands allotted to the Corwithes, and some other defendants, were not included in the territory described and intended in and by the petition…
2Cases cited1 opinion
- Munn v. WorrallNew York Supreme Court · 1853
3Cited by20 opinions
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- Gallup v. WortmannColorado Court of Appeals · 1898
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