Legal Opinion

Corcoran v. Mannering

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1896PublishedCited by 6 opinions

Appeal by the defendant, David Mannering, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 28th day of May, 1896, upon the decision of the court rendered after a trial at the Orange Special Term overruling the defendant’s demurrer to the complaint.

1Opinion of the Court

Hatch, J.:

The complaint alleges, so far as is essential to the disposition of the question presented by this appeal, that the plaintiffs are the executors and trustees of the estate of Samuel Branaugh, who was the devisee of certain real property under the will of Ellen Manner*517ing, subject to a life estate therein of her husband, the defendant in this action; that the defendant has been in the possession and enjoyment of said property, has occupied a portion alleged to be worth about $300 per annum, and has received rents from the remainder in the amount of $1,400 per annum; that the defendant…

2Cases cited2 opinions

  1. Lattin v. . McCartyNew York Court of Appeals · 1869
  2. Keep v. . KaufmanNew York Court of Appeals · 1874

3Cited by6 opinions

  1. Ader v. BlauNew York Court of Appeals · 1925
  2. Boulden v. ThompsonCalifornia Court of Appeal · 1913
  3. Harris v. ElliottAppellate Division of the Supreme Court of the State of New York · 1898
  4. Harris v. ElliottAppellate Division of the Supreme Court of the State of New York · 1898
  5. Pope v. KellyNew York Supreme Court · 1898

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