Legal Opinion

Ostrander v. Bell

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

Decided December 28, 1921PublishedCited by 9 opinions

Appeal by the defendant, The People of the State of New York, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Hamilton on the 13th day of July, 1921, upon the decision of the court rendered after a trial by the court without a jury in an action for partition.

1Opinion of the Court

•Van Kirk, J.:

The plaintiff Harriet E. Ostrander is the wife of George N. Ostrander apd the defendant Stella Phelps Bell is the wife of Frank L. Bell; each is made a party on account of inchoate dower right interests. The State is properly made a party. (Code Civ. Proc. § 1594.)

The premises in question are lot 19, in the Oxbow Tract, Hamilton county, except fifty-six acres, the northwest corner of the lot, which it is conceded belongs to the State and is not affected by the judgment herein. When we speak of the premises as lot 19, we mean the lot (which contains two hundred and seventy-four…

2Cases cited15 opinions

  1. People v. . StephensNew York Court of Appeals · 1878
  2. Crary v. . GoodmanNew York Court of Appeals · 1860
  3. Marx v. HanthornSupreme Court of the United States · 1893
  4. Cromwell v. . MacLeanNew York Court of Appeals · 1890
  5. Peterson v. . MartinoNew York Court of Appeals · 1914

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3Cited by9 opinions

  1. Coos County v. StateOregon Supreme Court · 1987
  2. Dunkum v. Maceck Building Corp.Appellate Division of the Supreme Court of the State of New York · 1929
  3. In re DureyAppellate Division of the Supreme Court of the State of New York · 1928
  4. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
  5. Segar v. StateNew York Court of Claims · 1981

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