Paddock v. Paddock — 234 N.Y. 593

Majority

p. 593

Loveland Paddock, Plaintiff, v. Frank S. Paddock, Appellant, and Olive A. Paddock, Respondent, Impleaded with Others.

Headnote

Real property — titl e — action to partition land — complaint dismissed as to land, legal title to which was in one of defendants.

Paddock v. Paddock, 199 App. Div. 912 , affirmed.

(Argued October 24, 1922;

decided November 21, 1922.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 7, 1921, which affirmed a judgment of the court at a Trial Term without a jury dismissing the complaint, in an action of partition, as to a certain parcel of land described therein. The only question involved was as to the legal title and ownership of the land in question, the trial court holding that the respondent herein was the owner of an undivided one-half thereof.

Thomas Burns for appellant.

Samuel Child for respondent.

p. 594

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.