Clark v. Clark
New York Supreme Court
ACTION for partition. It appeared from the report of the referee, that Moses Clark died intestate, in September, 1855, seised in fee of the premises, and his wife died a day or two after. Ensign M. Clark, Sophia S. Clark and Lucy F. Cutter, wife of Chauncey F. Cutter, were the children and only heirs at law of Moses Clark. In August, 1856, Lucy F. Cutter died intestate, leaving Clifton H. Cutter and Alice Cutter her infant children and heirs at law.
Read the full summary
ACTION for partition. It appeared from the report of the referee, that Moses Clark died intestate, in September, 1855, seised in fee of the premises, and his wife died a day or two after. Ensign M. Clark, Sophia S. Clark and Lucy F. Cutter, wife of Chauncey F. Cutter, were the children and only heirs at law of Moses Clark. In August, 1856, Lucy F. Cutter died intestate, leaving Clifton H. Cutter and Alice Cutter her infant children and heirs at law. Her husband, Chauncey F. Cutter, is living. The referee reported that Clifton H. Cutter and Alice Cutter were each seised in fee and entitled to…
1Opinion of the Court
Marvin, J..
Upon the argument of the question here presented, Hurd v. Cass, (9 Barb. 366,) and Sleight v. Read and others, (18 Barb. 159,) were referred to, and one of the counsel assumed -that these cases were in conflict. I do not so understand the cases. The question presented in the present case was not in the case of Sleight v. Read. The question in that case arose under very different circumstances and was decided upon principles long since established, independent of the acts of 1848 and 1849 for the more effectual protection of the property of married women. Nor is there any conflict…
2Cases cited2 opinions
- Hurd v. CassNew York Supreme Court · 1850
- Sleight v. ReadNew York Supreme Court · 1854
3Cited by18 opinions
- Tong v. MarvinMichigan Supreme Court · 1866
- Billings v. BakerNew York Supreme Court · 1858
- Burke v. ValentineNew York Supreme Court · 1868
- Stewart v. RossMississippi Supreme Court · 1874
- Winkler v. Winkler's Ex'rWest Virginia Supreme Court · 1881
13 more not listed; retrieve them via the Exa API.