115 Misc. 546 | N.Y. Sup. Ct. | 1921
This action was brought to remove an alleged cloud upon title, involving the premises No. 464 West One Hundred and Forty-fifth street, in the borough of Manhattan, city of New York. Plaintiff claims ownership thereof by purchase from the defendants Margaret Weed and Frederick A. South-worth, as alleged executors of and trustees under the alleged last will and testament of Thomas M. Weed, deceased. The infant defendants Lila Morrison Weed and Margaret Thomas Weed claim ownership thereof as children and heirs at law of said Thomas M. Weed, deceased. The action was commenced after an action in ejectment had been instituted on behalf of said infant defendants against the plaintiff. After issue was joined in the present action, an order was entered directing a separate trial of the equitable issues prior to the trial of the issues of law raised by the counterclaim of the infant defendants, to wit, ejectment. The testimony shows that Thomas M. Weed, who was a
Ordered accordingly.