Darnet Realty Corp. v. Reynolds

This is a motion to order an examination before trial of one Esther Coar, alleged grantor of defendant Kelynack’s realty, which realty is the subject of this bar-claim action. Defendant Kelynack has counter-claimed for a judgment declaring him the lawful owner of that property.

*678Plaintiff asserts that the examination is permissible under section 288 of the Civil Practice Act on the ground that Esther Coar is the “ original owner ” of the claim upon which Kelynaclc relies within the meaning of section 288.

The meaning of the term, “ original owner ”, within that section has been the subject of…