Legal Opinion

Card v. Pudney

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

Decided July 15, 1899Published

Appeal by the defendant, George P. Pudney, as execntor3 etc.,, of Avis Scarritt, deceased, and trustee, from an order of the Supreme Court, made at the Broome Special Term and entered in the office-of the clerk of the county of Chenango on the 1st day of March,. 1899, denying his motion for a modification of the judgment entered in the action by striking out and. expunging from said judgment all direction, power and authority therein conferred upon the referee therein named,…

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Appeal by the defendant, George P. Pudney, as execntor3 etc.,, of Avis Scarritt, deceased, and trustee, from an order of the Supreme Court, made at the Broome Special Term and entered in the office-of the clerk of the county of Chenango on the 1st day of March,. 1899, denying his motion for a modification of the judgment entered in the action by striking out and. expunging from said judgment all direction, power and authority therein conferred upon the referee therein named, to sell the right, title and interest of the said defendant, as executor, etc., of Avis Scarritt, deceased, and…

1Opinion of the Court

Putnam, J.:

This action was brought by the plaintiff to recover dower in an. undivided half of lands described in the complaint, of which her husband, John Card, on. the 27th day of May, 1896, died seized. The other undivided, half of said ^premises was then owned by AvisScarritt, who subsequently died, and George P. Pudney has succeeded to her title. The defendant Pudney did not serve an answer in the action, or appear until after the entry of the judgment therein. The judgment provided for a sale of the whole premises, including-the interest of the defendant Pudney therein, and for the…

2Cases cited2 opinions

  1. Van Gelder v. PostNew York Court of Chancery · 1836
  2. Smith v. SmithNew York Supreme Court · 1872

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