The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 474
xiv, 992 p. ; 23 cm.View a full description of this legislative document.
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256 FEDERAL REPORTER
hotel known as the Brunswick, in Oneida, N. Y., was personally serv-
ed on Isaac Honyost, Nicholas Honyost, Mary Schonandoah, Mary
George, and Chapman Schonandoah, and no other person or per-
sons. The affidavits do not show who were in possession or occupation
of the premises at the time, or that these persons, or any of them,
were. The sale did not take place at the time mentioned, but was post-
poned four times by a notice, "The above sale is postponed," etc., and
finally:
"The above sale is further postponed till the 15th day of July, 1905. at 10
a. m., at the same place. Joseph Beal, Executor."
The affidavit of Joseph Beal states he acted as auctioneer on the 15th
day of July, 1905, and sold the premises for $1,250, the highest sum bid
therefor, to Michael Burke, of Oneida, N. Y. The affidavits relating
to such statutory foreclosure by advertisement were recorded August
20, 1905, in Book 216 of Deeds, page 76.
1905, August 29, in consideration of $1, said Michael Burke and
Katheryn, his wife, conveyed the same premises by a quitclaim deed
to Julia Boylan, and July 10, 1906, Philander Spaulding and wife con-
veyed the same premises by quitclaim deed to Julia Boylan for $1.
These quitclaim deeds are recorded.
1906, July 26, said Julia Boylan commenced an action in the Supreme
Court of the state of New York for the partition of said lands and
premises in question here by filing a summons and complaint and
notice of the pendency of the action, or for a sale if partition could not
be had without prejudice, in which action Mary George, Noah George,
Henry George, Maggie George, wife of Henry George, William Hon-
yost, Mrs. William Honyost, wife of William H-onyost, and Isaac
Honyost were made defendants. Chapman Schenandoah and his wife
were subsequently made parties. The defendants appeared in the ac-
tion by their attorneys and answered. The issues framed were by
consent referred to a referee, Charles R. Coville, to hear, try, and de-
termine, and to take proof of the plaintiff's title, and to ascertain the
rights of the respective parties in such real estate, and report whether
same was so circumstantial that a partition could be had without great
prejudice to the owners, or whether a sale should be had.
The referee reported that partition could not be made without great
prejudice, and that a sale should be made, and that the rights, title,
and interest of the parties were as follows:
(1) That Julia Boylan was seized and entitled in fee simple to an
undivided thirty-one fortieths of same. Her title, if any, came through
such statutory foreclosure and quitclaim deeds mentioned.
(2) Mary George was seized and entitled in fee simple to an un-
divided three fortieths -of same
(3) Henry George was seized and entitled in fee simple to an undi-
vided one fortieth of same, subject to the inchoate dower right of his
wife, Maggie George.
(4) That William Honyost was seized and entitled in fee simple to
an undivided one fortieth of same, subject to the inchoate dower right
of his wife.
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38827/m1/488/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.