Hall v. Fisher
New York Supreme Court
THIS was an appeal from an order made at a special term, allowing a demurrer to the complaint. The plaintiff averred that on, and for a long time previous to the 12th of June, 1845, the plaintiff and his intestate were seised and possessed as tenants in common in fee simple, in their own right, of the one equal undivided fourth part of an iron ore bed on lot Ho. 42 of the iron ore tract in the county of Essex and state of Hew York, together with all the privileges…
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THIS was an appeal from an order made at a special term, allowing a demurrer to the complaint. The plaintiff averred that on, and for a long time previous to the 12th of June, 1845, the plaintiff and his intestate were seised and possessed as tenants in common in fee simple, in their own right, of the one equal undivided fourth part of an iron ore bed on lot Ho. 42 of the iron ore tract in the county of Essex and state of Hew York, together with all the privileges appertaining thereto, and of all necessary timber and utensils on the lot, necessary to use, in digging and carrying away the ore.…
1Opinion of the Court
By the Court, C. L. Allen, J.
I am inclined to think there is an improper joinder of claims, by attempting to unite the rights of the plaintiff personally with those in his representative character as administrator of Ephraim Hall. The two Halls, as charged in the complaint, were tenants in common owning one quarter, with the defendants’ testator, who owned three-fourths, of the lot and the ore bed. The claim is that the defendants account to the plaintiff in person and as such administrator, for their share of the rents and profits, avails and income of the ore bed, rights and privileges…
2Cases cited2 opinions
- Tripp v. RileyNew York Supreme Court · 1863
- Stafford v. BrownNew York Court of Chancery · 1834
3Cited by8 opinions
- Moss v. . CohenNew York Court of Appeals · 1899
- Miller v. MilliganNew York Supreme Court · 1866
- Akerly v. VilasWisconsin Supreme Court · 1866
- Moulton v. BeecherNew York Supreme Court · 1876
- Hyer's Executors v. Caro'sSupreme Court of Florida · 1879
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