Spliess v. Meyer
New York Supreme Court
Appeal from special term, New York county. Action by Lisette Spliess against Bertha Meyer and others, for partition. The defendant Bertha Meyer appeals from an interlocutory judgment overruling her demurrer to the complaint. Code Civil Proc.
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Appeal from special term, New York county. Action by Lisette Spliess against Bertha Meyer and others, for partition. The defendant Bertha Meyer appeals from an interlocutory judgment overruling her demurrer to the complaint. Code Civil Proc. H. Y. § 1538, relating to parties in actions for partition, provides that “every person having a right of dower in the property, or any part thereof, which has not been ad-measured, must be made a party to an action for partition;” and section 1539 provides: “The plaintiff may, at his election, make a tenant in dower * * * of other person having a lien or…
1Opinion of the CourtDaniels, J.
The action is brought by the plaintiff, as one of the heirs at law of George Uehlinger, deceased, for the partition of his real estate. The complaint alleges that the' defendant Bertha Meyer, calling herself Bertha Uehlinger, claims to be the widow of the deceased owner of the property, and entitled to dower therein. It is further averred that she is not the lawful widow of Uehlinger, and was never legally married to him, but, as administratrix, has collected and received the rents of his real estate. This defendant demurred to the complaint, on the ground that it fails to state facts…
2Cases cited2 opinions
- Van Schuyver v. . MulfordNew York Court of Appeals · 1875
- Hulse v. HulseNew York Supreme Court · 1889