Valentine v. Fire Island Beach Development Co.

Majority

p. 670

Nettie F. Valentine et al., Appellants, v. The Fire Island Beach Development Company, Respondent.

Headnote

Beal property — title — ejectment — title cut off by judgment in partition.

Valentine v. Fire Island Beach Development Co., 206 App. Div. 630 , affirmed.

(Argued October 10, 1923;

decided October 26, 1923.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 26, 1923, affirming a judgment in favor of defendant entered upon a dismissal of the complaint

p. 671

by the court at a Trial Term without a jury. The action was in ejectment to recover an undivided one-fortieth part of certain premises on the Great South beach in Suffolk county known as lot 5 on the partition map filed in the action of Greene v. Sccmmis in 1878. The trial court held that any title which plaintiffs’ mother, through whom they claim title, may have had in the land was cut off by the judgment in that action.

Abel E. Blackmar, George H. Furman and P. L. Housel for appellants.

Benjamin Reass, Charles G. Stevenson, Hugo Hirsh and Emanuel Newman for respondent.

Judgment affirmed, with costs; no opinion.

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