McWhorter v. Gibson
New York Supreme Court
Error from the Washington common pleas. This was a judgment in partition. Gibson presented his petition to the common pleas under the statute, setting forth that he was entitled to one sixth of two certain lots of land as a tenant in common with A. McWhorter and four others, owners of the remaining five sixths, and praying partition.
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Error from the Washington common pleas. This was a judgment in partition. Gibson presented his petition to the common pleas under the statute, setting forth that he was entitled to one sixth of two certain lots of land as a tenant in common with A. McWhorter and four others, owners of the remaining five sixths, and praying partition. The rights of the parties were adjudged to be as stated in the petition, viz. that the plaintiff was seized in his demesne as of fee as a tenant in common of one sixth part of the premises, and that the said A. McWhorter and the four others were each seized in…
1Opinion of the Court
By the Court, Sutherland. J.
The first question in this case is, whether it is competent for commissioners in partition to assign to the plaintiff in partition his individual share, and at the request and with the consent of the defendants, to set off their share of the premises together, without making partition among them. Second. If such partition is valid, whether the judgment can be against all the defendants jointly for the costs, or whether it should be against each individual for his respective proportion.
*445It is contended on the part of the plaintiffs in error, that even the consent of…
2Cited by2 opinions
- Murray v. WoodenNew York Supreme Court · 1837
- Richerts v. EblinTennessee Supreme Court · 1877