Bowen v. Sweeney
New York Supreme Court
Appeal from circuit court, Mew York county. Action by Michael Bowen, heir at law of Mary Teresa Hatton, deceased, for partition, against Michael Sweeney and others, devisees of said decedent, and Thomas Bowen, John Moran, and others, also heirs at law of said decedent. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendants Michael Sweeney, Catherine Gallagher, and Francis Gallagher appeal.
1Opinion of the CourtVan Brunt, P. J.
This action was brought for a partition and sale of certain property in the city of Mew York, the plaintiff claiming to be interested therein as tenant in common with certain of ttie defendants. The first complaint in the action was demurred to by the appellants, and it was sustained apparently on the ground that no facts were alleged which showed any interest in the realty belonging to the demurring defendants, and that there was no clear averment of fact upon the subject of a last will and testament of Mary Hatton, or the absence of such an instrument. The plaintiff thereupon amended his…
2Cases cited1 opinion
- Hobart v. . HobartNew York Court of Appeals · 1875
3Cited by2 opinions
- Bowen v. SweeneyNew York Supreme Court · 1894
- Connor v. Mayor of New YorkNew York Supreme Court · 1892