Kyner v. Bolton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hettie Parker Kyner, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Otsego on the 2d day of October, 1914, dismissing the complaint upon the decision of a referee.
1Opinion of the Court
Howard, J.:
Prior to April t, 1899, the plaintiff and Olive Wright were tenants in common of certain lands in Otsego county. Olive *46Wright had brought suit for the partition of the property and the sale was to take place on the above date. A few days prior to the day of sale the plaintiff and Olive Wright, who was her aunt, had a conversation concerning the property wherein it was agreed that Olive Wright was to give the plaintiff $5,500 for her one-half interest in the farm, $2,500 in cash and $3,000 in notes, and that Olive Wright was to bid off the farm. The sale took place and the property…
2Cases cited3 opinions
- Matthews v. . MatthewsNew York Court of Appeals · 1897
- Marion v. B. G. Coon Construction Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Goldman v. CohenAppellate Division of the Supreme Court of the State of New York · 1915