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16 Jones & S. 430

Emanuel v. Ennis

The Superior Court of New York City

Decided December 4, 1882

The Superior Court of New York City · decided 1882-12-04

Plaintiff contracted to buy certain lots of defendant and to give other property and cash in payment. The plaintiff’s counsel objected to defendant’s title to the lots in question, claiming that an undivided interest in the premises was still outstanding in certain heirs who were of the half blood to the original owners, and the defendant’s counsel contended that the half blood was-excluded by statute.

Relies on Wheeler v. . Clutterbuck

Decided 1882-12-04

By the Court.—Freedman, J.

¶1The facts being as found by the learned judge below, the conclusions of law follow from the facts found by force of the statute of descents, as interpreted by the court of appeals in Wheeler v. Clutterbuck (52 N. Y. 67).

¶2The judgment should be affirmed, with costs.

¶3Sedgwick, Ch. J., concurred.

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