Townsend v. . Bogert
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 5, 1891, which reversed an interlocutory judgment in favor of plaintiff, entered upon an order of Special Term overruling a demurrer to the complaint on the part of defendants, Bogert and others, and which dismissed the complaint as to said defendants. This was an action for partition of certain premises in the city of New York.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 5, 1891, which reversed an interlocutory judgment in favor of plaintiff, entered upon an order of Special Term overruling a demurrer to the complaint on the part of defendants, Bogert and others, and which dismissed the complaint as to said defendants. This was an action for partition of certain premises in the city of New York. The complaint allegéd that plaintiff and two of the defendants named owned the premises as tenants in common; that defendants Bogert and others…
1Opinion of the CourtFinch, J.
We are of opinion that the General Term erroneously sustained the demurrer interposed to the plaintiff’s complaint. That pleading, it is conceded, stated a good cause of action for a partition as against the defendants who held undivided interests in the land as tenants in common, and none of whom object to its sufficiency. It avers that the property is of such character and so situated as to make an actual partition impossible, except with grave injury to the interests of the owners, and, therefore, seeks a sale and division of the proceeds. With that relief in view, it further alleges that…
2Cases cited2 opinions
- Caldwell v. TaggartSupreme Court of the United States · 1830
- Bogardus v. ParkerNew York Supreme Court · 1852
3Cited by23 opinions
- Ball & Wood Co. v. Jonathan Clark & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Mawhinney v. BlissAppellate Division of the Supreme Court of the State of New York · 1908
- Vought v. LevinAppellate Division of the Supreme Court of the State of New York · 1911
- Bender v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1900
- Delcambre v. . DelcambreNew York Court of Appeals · 1914
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