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Rumsey v. Sullivan

148 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1914-07-07 English

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p. 1142
RUMSEY, Appellant, v. SULLIVAN et al., Respondents.
(Supreme Court, Appellate Division, Fourth Department.
July 7, 1914.)

Headnote

Action by Kate Rumsey against Darris Sullivan and another.

Interlocutory judgment affirmed, with costs, with leave to the plaintiff to plead over within 20 days, upon payment of the costs of the demurrer and of this appeal. Held that, without passing upon the question of whether, after the defendants have begun to take oil from the premises, the plaintiff would have the right to such equitable relief as she seeks in this action, she has no such remedy at present on the facts stated in her complaint.