McGuire v. McGuire
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John J. McGuire and another, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 11th day of June, 1921, upon the decision of the court rendered after a trial at the Kings Special Term.
1Opinion of the Court
Kelby, J. :
This is an action to set aside and cancel a written agreement made by the plaintiffs or their predecessors in interest, dated March 30, 1912, and also a deed made the same day; to have the plaintiffs and defendants declared to be tenants in common of the premises described in the agreement and deed; for an accounting by the defendants, and for a partition and sale of the premises.
After the commencement of the action the plaintiff Edward F. McGuire died, and his widow, individually and as administratrix, was substituted in his place, as were also his children, his only heirs at law.…
2Cases cited2 opinions
- Cooke v. . PlattNew York Court of Appeals · 1885
- Bryant v. ShawAppellate Division of the Supreme Court of the State of New York · 1920
3Cited by5 opinions
- In re the Estate of BeckmannNew York Surrogate's Court · 1936
- Davis v. United StatesDistrict Court, S.D. New York · 1939
- In re the Estate of CahillNew York Surrogate's Court · 1936
- Ohlau v. KleinertNew York Supreme Court · 1923
- McKenna v. MeehanNew York Supreme Court · 1925