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Foley v. Fitzgerald

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 1, 1914
162 App. Div. 932 (N.Y. App. Div. 1914)

Opinion

April, 1914.


Judgment modified by striking out the provisions for the partition and sale of the Ninth street property, and by directing that the plaintiffs' costs awarded in the judgment be paid out of the proceeds of the sale of the lands described in the first cause of action, and as so modified the judgment is affirmed, with costs in this court and the trial court to the appellants against the plaintiffs. Held, that the evidence is too unsatisfactory to establish that the appellant Mary Fitzgerald held the title to the Ninth street property as trustee for her mother or that her mother had any interest therein; and the findings of fact to that effect contained in the findings numbered 6, 8 and 9 are, together with the whole of the 10th, 11th and 12th findings, hereby disapproved and stricken out. All concurred.


Summaries of

Foley v. Fitzgerald

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 1, 1914
162 App. Div. 932 (N.Y. App. Div. 1914)
Case details for

Foley v. Fitzgerald

Case Details

Full title:Margaret Foley and Others, Respondents, v. John Fitzgerald and Another…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 1, 1914

Citations

162 App. Div. 932 (N.Y. App. Div. 1914)
147 N.Y.S. 1112