Willis v. McKinnon
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Delaware county. • Ejectment by John G. Willis, substituted in place of Warren G-. Willis, deceased, against Frank H. McKinnon and others. There was a judgment for defendants, and plaintiff appeals. The action was brought to recover the possession of certain premises in the village of Masonville, in the county of Delaware. At the trial a jury was waived, and the case submitted to the court.
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Appeal from trial term, Delaware county. • Ejectment by John G. Willis, substituted in place of Warren G-. Willis, deceased, against Frank H. McKinnon and others. There was a judgment for defendants, and plaintiff appeals. The action was brought to recover the possession of certain premises in the village of Masonville, in the county of Delaware. At the trial a jury was waived, and the case submitted to the court. The court found that at the commencement of the action the plaintiff was the owner of an undivided seven-eighths of the main store and lot, and an undivided three-fourths of the…
1Dissent
LANDON, J. (dissenting).
Prentice J. Willis and Harvey J. Travis, at the time of the death of Travis, in 1883, were partners in business, and the owners as tenants in common of the premises described in the complaint, subject to two mortgages. After the death of Travis, Willis continued the business as surviving partner, and in possession of the premises, until April, 1886, when, by a lease under seal, executed by him, in which he described himself “as surviving partner of the late firm of Travis & Willis,” he leased the premises to the defendant for the term of one year from that date, with…
2Cases cited4 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Whiting v. . EdmundsNew York Court of Appeals · 1884
- Tilyou v. . ReynoldsNew York Court of Appeals · 1888
- Brooks v. AllenMassachusetts Supreme Judicial Court · 1888