Legal Opinion

Cook v. Farren

New York Supreme Court

Decided February 4, 1861PublishedCited by 4 opinions

APPEAL from an order of Judge Ingraham, denying a motion that a purchaser complete a purchase and sale in partition.

1Opinion of the Court

By the Court, Allen, J.

The objection to the title is that one of the infant heirs at law of the former owner and a tenant in common of the premises sold was not properly served with process. At the time of the commencement of the action she resided in California, and was, and still is, an infant under the age of twenty-one years, An order for the *96service of the summons upon her hy publishing the same was made by Judge Boosevelt, upon the affidavit of the plaintiff', an aunt of the infant defendant. The order did not direct a deposit of the summons and complaint in the post office, di-. rected…

2Cited by4 opinions

  1. Forbes v. HydeCalifornia Supreme Court · 1866
  2. Territory v. TaylorSupreme Court Of The Territory Of Dakota · 1877
  3. State Ex Rel. Trustee Realty Co. v. AtkinsonSupreme Court of Florida · 1929
  4. Thorn v. SheilNew York Court of Common Pleas · 1873

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