Demarest v. Carr

Headnote

Demarest v. Carr, 173 App. Div. 887 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 13, 1916, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. This is a partition suit brought by plaintiff as the owner of an undivided half of the property. The property was owned by plaintiff’s father, Frank Demarest, and the defendant Frank A. Carr in equal parts, as tenants in common. The answers

of the defendants controverted the plaintiff’s allegation of title and the defendant Frank A. Carr affirmatively pleaded that the plaintiff had by deed conveyed plaintiff’s interest in the premises to Frank A. Carr and further pleaded facts showing plaintiff’s acquiescence which facts defendant claimed estopped the plaintiff from seeking to avoid the deed. . Plaintiff contended that the deed was obtained without consideration and was void.