Wood v. Clute
New York Court of Chancery
This was a bill for the partition of lands, which was brought to a hearing on pleadings and proofs. The three complainants became the purchasers, at a sheriff’s sale, of a house and lot owned by F. J. Clute. After Clute’s death they received a deed from the Sheriff, and then exhibited a bill in this court against the widow of Clute, to compel a partition of the premises, or a sale and division of the proceeds.
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This was a bill for the partition of lands, which was brought to a hearing on pleadings and proofs. The three complainants became the purchasers, at a sheriff’s sale, of a house and lot owned by F. J. Clute. After Clute’s death they received a deed from the Sheriff, and then exhibited a bill in this court against the widow of Clute, to compel a partition of the premises, or a sale and division of the proceeds. The widow put in an answer, insisting upon having her dower assigned, and that a sale was not necessary. Testimony was taken upon this subject, but as the case turned on the point of…
1Opinion of the Court
The Assistant Vice-Chancellor.
The defendant objects that this suit cannot be maintained, because she has a mere .dower right in the premises in question. This ground was first taken at the hearing, but if well founded, no decree can be made which will affect her rights.
The defendant is not a tenant in common with the complainants. Jackson d. Clark v. O'Donaghy, (7 Johns. R. 247;) Bradshaw v. Callaghan, (8 id. 558;) Siglar v. Van Riper, (10 Wend. 414;) Yates v. Paddock, (10 id. 528.)
In the case last cited, the question was examined by the Supreme Court in reference to the provisions of the…
2Cases cited3 opinions
- Siglar v. Van RiperNew York Supreme Court · 1833
- Coles v. ColesNew York Supreme Court · 1818
- G. H. & E. Striker v. MottNew York Court of Chancery · 1831
3Cited by4 opinions
- Cook v. WebbSupreme Court of Minnesota · 1872
- Sterricker v. DickinsonNew York Supreme Court · 1850
- Sterricker v. DickinsonNew York Supreme Court · 1850
- Tabler v. WisemanOhio Supreme Court · 1853