Place v. Rogers
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David M. H. Place, from an order of the-Supreme Court, made át the Kings County Special Term and entered in the office of. the clerk of the county of Westchestér on the 12tli day of October, 19Q4, denying -the plaintiff’s motion for á stay, of the sale directed by an interlocutory judgment theretofore entered in the above-entitled action.
1Opinion of the Court
Jenks, J.:
This appeal is from an order of the Special Term denying a; motion for a stay of sale under an interlocutory judgment in partition, until an action in ejectment be finally determined'. In 1895- and prior to the beginning of the partition suit, Georgiana Kennedy and Catharine Downing (who has since died intestate, whereby heiinterest, if any, is now vested in the said Kennedy) began an actitih, in ejectment from the same premises,' contending that Place, Rogers- and Silleck were in wrongful possession, without title or interest. -Place, Rogers and Silleck appeared and joined issue;…
2Cases cited10 opinions
- Hardy v. BeatyTexas Supreme Court · 1892
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Satterlee v. . KobbeNew York Court of Appeals · 1903
- Fleenor v. DriskillIndiana Supreme Court · 1884
- Lahey v. . KortrightNew York Court of Appeals · 1892
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