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4 N.Y.S. 809

Scholle v. Scholle

The Superior Court of the City of New York and Buffalo · decided 1889-01-14

Action, of partition by William Scholle against Jacob Scholle and others. Plaintiff appeals from an order denying his application to compel one of the purchasers to take title, and from an order relieving another purchaser from his bids. The following is the opinion of Freedman, J., at special term, handed down May 8, 1888: “This is an action of partition. An interlocutory judgment of partition and sale was entergd in this action in May, 1885.

Cited by 1 later decisions — most recently June 1948

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-01-14

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Per Curiam.

¶1The orders are severally affirmed upon the opinion of J udge Ereedman delivered below. The receipts of Seholle brothers, admitting the title of Raynor to three undivided tenths, have great effect in determining that probably the parties to the deed of Raynor to Phillips did not intend that it should convey the three-tenths referred to, and that there was a clerical omission from the deed. Orders severally affirmed, with §10 costs in each, with the disbursements to be taxed.

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