Smyles v. . Hastings
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The facts agreed upon and admitted were substantially as follows: John Atkinson, junior,' prior to 1828, died seised in fee of lots Nos. 25 and 33, of the second division of lots in township No. 13, in the seventh range of townships now in the town of Irondequoit, in the county of Monroe. By his death, the lots descended to William Atkinson, Eliza S. Atkinson and others, his children and heirs-at-law, as tenants in common.
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Appeal from a judgment of the Supreme Court. The facts agreed upon and admitted were substantially as follows: John Atkinson, junior,' prior to 1828, died seised in fee of lots Nos. 25 and 33, of the second division of lots in township No. 13, in the seventh range of townships now in the town of Irondequoit, in the county of Monroe. By his death, the lots descended to William Atkinson, Eliza S. Atkinson and others, his children and heirs-at-law, as tenants in common. In October, 1828, the said children and heirs-at-law caused the two lots Eos. 25 and 33 to be subdivided into nine smaller…
1Opinion of the CourtWright, J.
The heirs of John Atkinson, senior, were the owners, in 1828, as tenants in common, of adjoining parcels of land in the county of Monroe, known as lots Hos. 25 and 33. In that year they subdivided the whole tract comprising the two lots, into nine smaller lots, according to a survey and map made for them by one Valentine Grill, and partitioned the tract among themselves, executing mutual conveyances and releases. There was a road or roads on the east, west and north sides of the tract, but none on the south side; and in the map of the subdivision and partition, a road running through the.…
2Cited by56 opinions
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- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Kripp v. CurtisCalifornia Supreme Court · 1886
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