GOERGEN v. MAAR


2 A.D.2d 276 (1956)

William H. Goergen, Respondent, v. Helen Maar, Appellant, and Charles T. Miller et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 11, 1956.


Attorney(s) appearing for the Case

Charles J. Duncan for appellant.

Kenneth T. McKay for William H. Goergen, respondent.

Arthur B. Lanphier for Charles T. Miller and another, respondents.

FOSTER, P. J., BERGAN, ZELLER and GIBSON, JJ., concur.


HALPERN, J.

In this action for partition, it appeared that the defendant-appellant and the plaintiff-respondent, together with the defendants-respondents, owned certain real property in the city of Albany, New York, as tenants in common. They all traced their title, by devise or inheritance, to a common source. The plaintiff-respondent was the owner of a four sixteenths interest; the defendant-appellant was the...

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