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Carpenter v. Sabins

17 N.Y.S. 597 Court N.Y. Gen. Term Decision date 1891-10-03 English

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p. 597
In re Greenly’s Estate. Carpenter, Appellant, v. Sabins et al., Respondents.
(Supreme Court, General Term, Fourth Department.
October 3, 1891.)

Headnote

Proceeding by Ambrose H. Carpenter as a creditor of Eleanor Greenly, deceased, to sell the land of decedent for the payment of debts.

No opinion. Decree of the surrogate’s court reversed and a new hearing ordered before the surrogate’s court, with costs to abide the event. Held, that the evidence does not show such a dispute, and the rejection of the claim, as to bring the case within the provision of section 1822 of the Code of Civil Procedure.