Hubbell v. . Lerch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order affirming an order at Special Term sustaining demurrer to the complaint herein. This was an action of ejectment.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order affirming an order at Special Term sustaining demurrer to the complaint herein. This was an action of ejectment. The complaint was divided into five subdivisions, in substance, as follows: 1. Alleging that one Alfred Hubbell, in his lifetime, was lawfully seized in fee and possessed of the premises therein described; and being so seized and possessed thereof he died in 1853, intestate, leaving Mary Hubbell, his widow, who ■died in 1855, intestate, and Alfred M., Mathew and…
1Opinion of the CourtRapallo, J.
The complaint is so framed as to show that if one of the plaintiffs has a cause of action the other cannot have one. Both plaintiffs unite in stating, in one part of the complaint, that the plaintiff Alrick Hubbell is seized, in his own sole right, of an estate in fee in the premises in question as assign of the heirs at law of Alfred Hubbell, deceased, who died seized as is alleged. The same plaintiffs, in a subsequent part of the complaint, unite in declaring that Alfred Hubbell, in his lifetime, conveyed the premises, upon a valid trust, to Medbery and Smith, of whom the plaintiff Alfred…
2Cases cited1 opinion
- St. John v. PierceNew York Supreme Court · 1856
3Cited by3 opinions
- People v. . LadewNew York Court of Appeals · 1924
- Beck v. Ashland Cigar & Tobacco Co.Wisconsin Supreme Court · 1911
- Horner v. SpreckelsHawaii Supreme Court · 1885