Ring v. Woolley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William. G-. Ring, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 29th day of April, 1912, upon the dismissal of the complaint by direction of the court after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 25th day of April, 1912, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, William. G-. Ring, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 29th day of April, 1912, upon the dismissal of the complaint by direction of the court after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 25th day of April, 1912, denying the plaintiff’s motion for a new trial made upon the minutes. This case was transferred to the Third Department from the Fourth Department of the Appellate Division. (See 153 App. Div. 937.)
1Per curiam
The plaintiff and his brother Charles were owners as tenants in common of certain real property. The defendant’s testatrix was the wife of Charles and had an inchoate right of dower in his undivided one-half. The complaint alleges that she and her husband Charles were desirous of mortgaging his half for the purpose of obtaining a loan of $2,500, which moneys were to be used for their sole benefit. Finding it inconvenient to obtain a mortgage for that amount upon an undivided half interest, the plaintiff consented that his half might be included in the mortgage, and he joined with Charles and…
2Cases cited2 opinions
- Heermans v. . RobertsonNew York Court of Appeals · 1876
- Shaughnessy v. Rensselaer InsuranceNew York Supreme Court · 1855
3Cited by4 opinions
- In re the Estate of HerbNew York Surrogate's Court · 1937
- In re the Estate of DellNew York Surrogate's Court · 1935
- Griffin v. GouldAppellate Court of Illinois · 1979
- In re the Transfer Tax upon the Estate of VanderbiltAppellate Division of the Supreme Court of the State of New York · 1919