Smith v. Terry
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs,, Ann M. Smith and another, from a judgment of the Supreme Court in favor of the defendant, entered • in the office of the clerk of the county of Queens on the 13th day ■of July, 1898, upon the decision of the court rendered after "a trial ' at the Kings Couiity Trial Term before the court without a jury. ,
1Opinion of the Court
Cullen, J. :
The action is in ejectment to recover land in Queens county. In 1877 one Jacob Story was the owner in fee of the premises in controversy. He and his wife Huldah had separated. At this time an .indenture under seal was executed between Jacob Story, his wife Huldah and one James B. Raynor. The indenture recites the existence of a difference between Story and his wife, and their mutual ■agreement to live apart. It then recites that, in consideration of the premises and of the sum of one dollar’, and for the purpose of providing for the support and maintenance of the wife, the party…
2Cases cited5 opinions
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Zimmer v. . SettleNew York Court of Appeals · 1891
- Hughes v. CumingAppellate Division of the Supreme Court of the State of New York · 1899
- Newton v. McLeanNew York Supreme Court · 1863
- Babcock v. SmithMassachusetts Supreme Judicial Court · 1839
3Cited by8 opinions
- Hampton v. Hampton Holding Co.Supreme Court of New Jersey · 1955
- Garrett v. KirtleyWest Virginia Supreme Court · 1924
- Lee v. CommissionerUnited States Tax Court · 1960
- Coccaro v. CoccaroAppellate Division of the Supreme Court of the State of New York · 1954
- In re the Estate of WynneNew York Surrogate's Court · 1948
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