Hewlett v. . Wood
New York Court of Appeals
Appeals from, two orders of the General Term of the Supreme Court in the first judicial department, affirming orders of Special Term; the one directing that issues be settled herein to be tried by a jury at Circuit and that the verdict of the jury be certified to the Special Term for further proceedings ; thé other an order settling the issues upon questions proposed by both parties.
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Appeals from, two orders of the General Term of the Supreme Court in the first judicial department, affirming orders of Special Term; the one directing that issues be settled herein to be tried by a jury at Circuit and that the verdict of the jury be certified to the Special Term for further proceedings ; thé other an order settling the issues upon questions proposed by both parties. (Reported below, 3 Hun, 736.) This was an action for partition brought by an heir under chapter 238, Laws of 1853, he claiming a devise of the property void. The facts appear sufficiently in the opinion. The…
1Opinion of the CourtMiller, J.
The first of the appeals in this case presents the question, whether in an action for a partition the issues made by the pleadings shall be tided at the Circuit and the whole controversy disposed of, the same as in ordinary cases, oi the Special Term has authority to direct issues to be made up according to the practice in equity cases.
At common law partition could be made by the consent of all the owners, but could not be compelled by one co-tenant, against the will of the others, except in the case of co-parceners. In England the subject is regulated by statute, and the Revised Statutes of…
2Cases cited6 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Croghan v. . LivingstonNew York Court of Appeals · 1858
- Farmers & Mechanics' Bank of Genesee v. JoslynNew York Court of Appeals · 1867
- Forman v. SmithNew York Supreme Court · 1872
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3Cited by19 opinions
- Ford v. . KnappNew York Court of Appeals · 1886
- Weston v. . StoddardNew York Court of Appeals · 1893
- Chiang v. ChangAppellate Division of the Supreme Court of the State of New York · 1988
- Gordon v. MunnSupreme Court of Kansas · 1910
- Porter v. OsmunMichigan Supreme Court · 1904
14 more not listed; retrieve them via the Exa API.