St. Felix v. Rankin
New York Court of Chancery
Bill for partition. The cause came up on bill and answer, The complainant purchased lots of land at Brooklyn ; and believing he had a title to the whole, he made mortgages thereon and also sold some parts which, with a portion of the remainder, were improved by the erection of buildings. He afterwards ascertained that the title as to one forty-second part was in the heirs of a John Rankin.
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Bill for partition. The cause came up on bill and answer, The complainant purchased lots of land at Brooklyn ; and believing he had a title to the whole, he made mortgages thereon and also sold some parts which, with a portion of the remainder, were improved by the erection of buildings. He afterwards ascertained that the title as to one forty-second part was in the heirs of a John Rankin. In praying for a partition, the complainant asked that the portion to be set. apart to him and his grantees should embrace the improved portion; while the heirs of Rankin claimed to be entitled to a share…
1Opinion of the Court
The Vice-Chancellor :
In making the partition, the Dec. 24. *324complainant is entitled in equity to have forty-one out of forty-two parts set aside so as to include the buildings and other permanent improvements which he or those from whom h6 derived title, or his grantees, Smith, Girding and Siemon, have erected and made on the land ; and the one forty-second of the whole premises to which the defendants are entitled must be set off to them, so as not to include any such buildings or other improvements. It may be referred to a master or to commissioners to make the allotment accordingly and to…
2Cited by8 opinions
- Ford v. . KnappNew York Court of Appeals · 1886
- Adams v. BristolAppellate Division of the Supreme Court of the State of New York · 1908
- Conrad v. StarrSupreme Court of Iowa · 1879
- Adams v. SmithNew York Supreme Court · 1887
- Hall v. PiddockNew Jersey Court of Chancery · 1871
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