Prior v. Prior
New York Supreme Court
Appeal from Erie county court. The action was brought in the county court for partition of certain land in the city of Buffalo. Interlocutory judgment was entered November 17,1881, reciting that partition of the premises could not be made without great prejudice to the parties, as appeared by referee’s report; and directed a sale of the land, and division of the proceeds between the parties according to their interests.
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Appeal from Erie county court. The action was brought in the county court for partition of certain land in the city of Buffalo. Interlocutory judgment was entered November 17,1881, reciting that partition of the premises could not be made without great prejudice to the parties, as appeared by referee’s report; and directed a sale of the land, and division of the proceeds between the parties according to their interests. The sale was made pursuant to the judgment, December 10,1881;. and on January 20,1882, a final judgment was entered, confirming the sale, directing distribution of the…
1Opinion of the Court
Bradley, J.,
(after stating the facts.) The action came within the provisions of section 1533 of the Code of Civil Procedure, which then declared that the premises in such case could not be sold, and that when it appeared that partition could not be made without great prejudice to the owners the complaint should be dismissed. The direction of the statute was not observed, but, contrary to it, judgment directing the sale was entered, and pursuant to it sale followed. When the review of an order of the county court denying motion to set aside the sale was here, it was held that the judgment and…
2Cases cited10 opinions
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Sullivan v. . SullivanNew York Court of Appeals · 1876
- Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
- Cromwell v. . HullNew York Court of Appeals · 1884
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3Cited by3 opinions
- St. William's Church v. PeopleAppellate Division of the Supreme Court of the State of New York · 1945
- Jones v. JonesNew York Supreme Court · 1893
- Soper v. SoperAppellate Division of the Supreme Court of the State of New York · 1927