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13 N.Y.S. 77

Barnes v. Blake

New York Supreme Court

Decided January 13, 1891

New York Supreme Court · decided 1891-01-13

Action by Alfred C. Barnes and others against Frederick D. Blake and others for partition. Defendant Frederick D. Blake appeals from an interlocutory judgment overruling his demurrer to the complaint.

Decided 1891-01-13

Van Brunt, P. J.

¶1I concur in the result of Mr. Justice Daniels’ opinion only. It seems to me that, as the learned judge has thought it necessary to discuss so elaborately the question as to whether the husband is a necessary party, it is apparent that he was a proper party, as in a partition suit every person is a proper party who may have even only a colorable claim.

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