Legal Opinion

Avery v. Avery

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1907PublishedCited by 7 opinions

Appeal by the defendant,"Frederick L. Avery, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fulton on the 2d day of January, 1907, denying the defendant’s motion to vacate a warrant of attachment ‘theretofore granted herein.

1Opinion of the Court

Sewell, J.:

This is an action to charge the real estate of which Charles A. Avery died seized with an indebtedness due to the plaintiffs.

Tire complaint alleges the making of a promissory note by Charles A. Avery; that the plaintiffs are the owners thereof; that $4,671.48 and interest from July 1, 1902, is due; that the defend- , ant is the sole heir at law and next of kin of the deceased and as such is entitled to an undivided one-eighteenth of the real estate described in the complaint; that more than three years have elapsed since letters of administration were granted, and that the…

2Cases cited5 opinions

  1. Hauselt v. . PattersonNew York Court of Appeals · 1891
  2. Thorington v. . MerrickNew York Court of Appeals · 1885
  3. Wood v. WoodNew York Supreme Court · 1858
  4. Mortimer v. ChambersNew York Supreme Court · 1892
  5. Rogers v. PattersonNew York Supreme Court · 1894

3Cited by7 opinions

  1. De Beers Consolidated Mines, Ltd. v. United StatesSupreme Court of the United States · 1945
  2. Bank of New York v. New Jersey Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1939
  3. Lazenby v. CodmanDistrict Court, S.D. New York · 1939
  4. Corcoran & Kostelanetz v. DupuyNew York Supreme Court · 1958
  5. Smyth v. MayerNew York Supreme Court · 1918

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API