Canfield v. Ford
New York Supreme Court
THIS was an appeal from a judgment entered upon the trial of the action at the St. Lawrence circuit, before a justice of this court, without a jury, in June, 1857. The action was for partition of real estate. Jonathan Fuller was originally the owner in fee simple, and the common source of title to the lands and premises in question.
Read the full summary
THIS was an appeal from a judgment entered upon the trial of the action at the St. Lawrence circuit, before a justice of this court, without a jury, in June, 1857. The action was for partition of real estate. Jonathan Fuller was originally the owner in fee simple, and the common source of title to the lands and premises in question. On the 6th November, 1847, Fuller and wife conveyed to Chillion Ford, the defendant, the interest in the lands in question, in three parcels described in the deed. The terms of the deed, with the covenants therein, sufficiently appear in thé opinion, ■Chillion…
1Opinion of the Court
By the Court, Potter, J.
The only real question to be decided in this case is, whether the parties to this action have such an estate or interest in the lands in question, as is susceptible of partition by action ?
It is conceded that Jonathan Fuller was the original source of'title, and that he owned the entire estate in fee simple, in quantity and quality, and that the conveyance from him to the defendant, and from the defendant Ford to Canfield, and from Canfield to Chapman, in form and covenants, are alike. It is therefore sufficient to set forth one of these conveyances. On the 6th…
2Cases cited1 opinion
- Smith v. SmithNew York Court of Chancery · 1843
3Cited by8 opinions
- Schnitt v. McKellarSupreme Court of Arkansas · 1968
- Union Gas & Oil Co. v. Wiedeman Oil Co.Court of Appeals of Kentucky (pre-1976) · 1924
- Financial Center Associates of East Meadow, L.P. v. TNE Funding Corp. (In Re Financial Center Associates of East Meadow, L.P.)United States Bankruptcy Court, E.D. New York · 1992
- Ball v. ClarkCourt of Appeals of Kentucky · 1912
- Catterall v. PulisSupreme Court of Oklahoma · 1929
3 more not listed; retrieve them via the Exa API.