Denike v. Denike
Appellate Division of the Supreme Court of the State of New York
Judgment reversed and new trial granted, costs to abide the event.—Appeal from a judgment in favor of the defendants dismissing the complaint on the merits.
1Opinion of the Court
Cullen, J.:
The action is for the partition of
real property. The complaint alleged that the plaintiff Was seized in fee of two undivided thirds of the premises, and the defendant Abraham Denike of the other third. The answer denied that the plaintiff was the •owner of two-thirds of the real estate described in the complaint: On the trial the plaintiff proved a record title in the parties to the shares alleged in the complaint. The -defendant introduced in evidence a finding nn an action brought by Abraham Denike ¿against the plaintiff and one Elizabeth A. Burnham, wherein the court found that…
2Cases cited1 opinion
- Sherman v. . ParishNew York Court of Appeals · 1873
3Cited by8 opinions
- Moehlenpah v. MayhewWisconsin Supreme Court · 1909
- Stethem v. SkinnerIdaho Supreme Court · 1905
- Begelman v. BegelmanAppellate Division of the Supreme Court of the State of New York · 1991
- Hewlett v. Van VoorhisAppellate Division of the Supreme Court of the State of New York · 1921
- Mandracchia v. RussoAppellate Terms of the Supreme Court of New York · 1967
3 more not listed; retrieve them via the Exa API.