Martin v. Palmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John T. Palmer and another, from" an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 3d day of March, 1913. • .
1Opinion of the Court
Jenks, P. J.:
The defendants Palmer appeal from an order of the.Special Term that denies their motion for judgment on the pleadings and overrules their demurrer that the complaint did not state facts sufficient to constitute a cause of action. . In form the action is for partition of realty. The first eighteen paragraphs of the complaint purport to set forth • the chain of title from John Richbell, who it is alleged was seized of title and possessed of the premises in October, 1663. It is alleged that he died in 1684, but there is no allegation that he was so seized or so possessed, at any…
2Cases cited5 opinions
- Masterson v. . TownshendNew York Court of Appeals · 1890
- Turner v. WhiteCalifornia Supreme Court · 1887
- Henriques v. Yale UniversityAppellate Division of the Supreme Court of the State of New York · 1898
- Reiners v. BrandhorstNew York Supreme Court · 1879
- Ely v. AzoyNew York Supreme Court · 1908
3Cited by2 opinions
- Crook v. LicourtAppellate Division of the Supreme Court of the State of New York · 1926
- Hunter v. WillardAppellate Division of the Supreme Court of the State of New York · 1916