Baker v. . Oakwood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July, 1888, which affirmed a judgment in favor of ' defendant entered upon a decision of the court on trial at Special Term. This was an action to recover the undivided fourth part of about seventy-three acres of land in the possession of the defendant, a cemetery association.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July, 1888, which affirmed a judgment in favor of ' defendant entered upon a decision of the court on trial at Special Term. This was an action to recover the undivided fourth part of about seventy-three acres of land in the possession of the defendant, a cemetery association. In 1835, Bichard Baynor, who is the common source of title, purchased a farm of about 154 acres, of which the lands now held by the defendant are a part, and being the owner of this farm in fee,…
1Opinion of the CourtO’Brien, J.
The findings of the court below are to the effect that, upon the death of Charles B. Hargin in 1840, the undivided quarter of the lands in question descended to his three children, of whom the plaintiff is one, subject to the widow’s dower. By the subsequent death of two of the children, without issue and intestate, the estate which the ancestor had at the time of his death became vested in the plaintiff ' as the surviving child, subject to a life estate in two of these shares in the widow. But it is also found that since 1849, when Lucy Maria Baynor purchased the whole farm from Hovey, and…
2Cases cited12 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Leffingwell v. WarrenSupreme Court of the United States · 1862
- Croxall v. ShererdSupreme Court of the United States · 1867
- Mott v. . MottNew York Court of Appeals · 1877
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3Cited by48 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
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- Heller v. . CohenNew York Court of Appeals · 1897
- Barra v. Norfolk Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 2010
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