Salls v. Salls
New York Supreme Court
Partition. Motion by plaintiff upon referee's report, for a decree of sale, with costs and additional allowance. The action is brought by David M. Sails and others,, against Lovina C. Sails and others.
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Partition. Motion by plaintiff upon referee's report, for a decree of sale, with costs and additional allowance. The action is brought by David M. Sails and others,, against Lovina C. Sails and others. Defendants Baird and Craig, creditors of Enoch B. Sails, from whom the property sought to be partitioned descended, ask to have inserted in the decree a provision that their debts are a prior lien and should be paid before anything' is paid upon a mortgage given by Samuel A. Sails, a. deceased son of Enoch B., upon his interest in the property, to the defendant, George Z. Erwin ; and they also,…
1Opinion of the Court
TAPPAN, J.:
The lands sought to be partitioned", belonged to Enoch B. Sails, now deceased, and came to* the defendants, his heirs, by descent. He died in January,, 1884, leaving debts due to the defendants, Baird and Craig, Letters of administration were issued on his estate in February, 1886, to the defendant, Lovina C. Sails. His personal estate has been administered and found insufficient to pay his debts. No application has been made to the surrogate for a sale of the lands sought to be partitioned herein, for the payment of the decedent’s debts. The referee’s report shows that a sale of…
2Cases cited32 opinions
- Stelz v. . ShreckNew York Court of Appeals · 1891
- Woodward v. . JamesNew York Court of Appeals · 1889
- Morse v. . MorseNew York Court of Appeals · 1881
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Wright v. . NostrandNew York Court of Appeals · 1883
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