Woerman v. Baas

New York Supreme Court

Woerman v. Baas

15 N.Y.S. 469, 39 N.Y. St. Rep. 922, 1891 N.Y. Misc. LEXIS 3285

DecidedJuly 2, 1891

StatusPublished

This text of 15 N.Y.S. 469 (Woerman v. Baas) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Woerman v. Baas, 15 N.Y.S. 469, 39 N.Y. St. Rep. 922, 1891 N.Y. Misc. LEXIS 3285 (N.Y. Super. Ct. 1891).

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Opinions

Barnard, P. J.

If this action had proceeded to judgment, Baas would not have been entitled to costs as a matter of course. The action was one in partition, and Baas was the executor of the dead owner of the property. By this will Baas had an estate in the land for 10 years, with the right to purchase at a sum named,—$6,000. The 10 years had expired, and Baas refused to buy at that price. The heirs commenced partition, and Baas was made a party defendant at his own request. The heirs sold the land, and procured an order of discontinuance, upon payment of $10 to Baas. There is no legal way to increase this allowance, under the circumstances of this case. The order should therefore be affirmed, with costs and disbursements.

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Barnard, P. J.

If this action had proceeded to judgment, Baas would not have been entitled to costs as a matter of course. The action was one in partition, and Baas was the executor of the dead owner of the property. By this will Baas had an estate in the land for 10 years, with the right to purchase at a sum named,—$6,000. The 10 years had expired, and Baas refused to buy at that price. The heirs commenced partition, and Baas was made a party defendant at his own request. The heirs sold the land, and procured an order of discontinuance, upon payment of $10 to Baas. There is no legal way to increase this allowance, under the circumstances of this case. The order should therefore be affirmed, with costs and disbursements.

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Bluebook (online)

15 N.Y.S. 469, 39 N.Y. St. Rep. 922, 1891 N.Y. Misc. LEXIS 3285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woerman-v-baas-nysupct-1891.