Brownell v. Brownell
New York Supreme Court
This was a suit in partition, commenced by petition under the statute, tried at the Rensselaer circuit in March, 1835, before the Hon. James Vanberpoel then one of the circuit judges. ” The petition presented by Sarah Brownell stated that herself, Daniel Brownell and Esther his wife, William Herald and Jane his wife, and a number of other persons named in the petition, held and were in the possession as tenants in common of a certain lot of land, (particularly described)…
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This was a suit in partition, commenced by petition under the statute, tried at the Rensselaer circuit in March, 1835, before the Hon. James Vanberpoel then one of the circuit judges. ” The petition presented by Sarah Brownell stated that herself, Daniel Brownell and Esther his wife, William Herald and Jane his wife, and a number of other persons named in the petition, held and were in the possession as tenants in common of a certain lot of land, (particularly described) containing 64 acres; that the petitioner had an estate of inheritance in fee in an equal undivided third part of the…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The judge was right in refusing to nonsuit the plaintiff on the ground that she had' not proved herself in possession of the premises, because for aught that appeared she was in possession, if the construction of the will contended for by her was correct. Possession would follow the legal title, no adverse possession having been shown. The provisions of the statute, 2 R. S. 317, 320, § 1, 16, upon which the motion was probably founded, do not require a pedis possessio to entitle a party to institute proceedings in partition.
The only material question in the case…
2Cited by17 opinions
- Sullivan v. . SullivanNew York Court of Appeals · 1876
- Van Schuyver v. . MulfordNew York Court of Appeals · 1875
- Merritt v. HughesWest Virginia Supreme Court · 1892
- Hoffman v. BeardMichigan Supreme Court · 1870
- Nichols v. NicholsSupreme Court of Vermont · 1856
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