Moore v. . Moore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action is brought to obtain partition of certain real estate, of which it is claimed that the parties who are husband and wife are seized as tenants in common.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action is brought to obtain partition of certain real estate, of which it is claimed that the parties who are husband and wife are seized as tenants in common. The judgment directs a sale of the premises, the payment of the plaintiff’s costs out of the avails of such sale, and a division of the residue between the parties. On and before the 6th day of June, 1864, the defendant was the owner in fee of the real…
1Per curiam
We have decided that an instrument in writing may be read in evidence, although there is not affixed to it an internal revenue stamp, as required by the terms of an act- of congress. (The People ex rel Barbour v. Gates, 43 N. Y., 40.) This went upon the principle that the federal government could not prescribe a rule of evidence for the State courts. We now hold that it is not in the constitutional power of congress to prescribe for the States a rule for the transfer of property within them. Without denying that it is within the power of taxation, conferred upon it, for Congress to lay an…
2Cases cited1 opinion
- People Ex Rel. Barbour v. . GatesNew York Court of Appeals · 1870
3Cited by23 opinions
- Small v. SlocumbSupreme Court of Georgia · 1900
- Carney v. GleissnerWisconsin Supreme Court · 1885
- Magic Packing Co. v. Stone-Ordean Wells Co.Indiana Supreme Court · 1902
- Grace v. GraceSupreme Court of Minnesota · 1905
- Farmers Savings Bank v. NeelSupreme Court of Iowa · 1922
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