In re Cavanagh
New York Supreme Court
Appeal from an order, requiring a purchaser at a sale in partition to complete his purchase, and accept deed. This was a proceeding instituted by George W. Cavanagh, Sarah Foster, and Samuel Foster, by petition to the Supreme Court, under 2 Rev. Stat., 317, § 1, for the partition of a lot of land with dwelling-house in Fifty-first-street, New York city. A special guardian was appointed for certain infant owners of three-fifths of the property.
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Appeal from an order, requiring a purchaser at a sale in partition to complete his purchase, and accept deed. This was a proceeding instituted by George W. Cavanagh, Sarah Foster, and Samuel Foster, by petition to the Supreme Court, under 2 Rev. Stat., 317, § 1, for the partition of a lot of land with dwelling-house in Fifty-first-street, New York city. A special guardian was appointed for certain infant owners of three-fifths of the property. Three commissioners were appointed to make the partition. The commissioners reported that the property, in their judgment, was not capable of actual…
1Opinion of the Court
By the Court.*—Clerke, J.
I think it would be contrary to that caution upon which we have always acted in relation to applications of this kind, to compel the purchaser in this case to complete his purchase.
There seems to be a considerable diversity of opinion whether a partition of real property can now be effected by a petition.
According to the opinion of Mr. Justice Pratt, in Groghan a. Livingston (17 N. Y., 218; S. C., 6 Abbotts’ Pr., 350), this mode of proceeding is abolished. He deems the proceedings by summons and complaint the only existing form of remedy for partition. This might be…
2Cases cited3 opinions
- Croghan v. . LivingstonNew York Court of Appeals · 1858
- Morris v. MowattNew York Court of Chancery · 1831
- Magoffen v. PattonNew York Court of Chancery · 1837