Ryerss v. Wheeler
New York Supreme Court
This was an action of ejectment, tried at the Yates circuit in June 1840, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action of ejectment, tried at the Yates circuit in June 1840, before the Hon. Daniel Moseley, one of the circuit judges. The fifth count of the declaration stated that John P. Ryerss [ *435 ] and Daniel Pierson and Margaret his ivife, on the “first day of July, 1836, were possessed of 50 acres of land, part of lot No. 26, in the subdivision of lot No. twenty-three, in a certain tract, particularly describing the 50 acres by metes and bounds, in which Ryerss, and Margaret, the wife of Pierson, claimed a fee, and Pierson, in right of his wife, claimed a life estate, as tenant by the…
1Opinion of the Court
By the Gowrt,
Nelson, C. J.
It has been repeatedly decided in this court that a parol partition, carried into effect by possession and occupation in conformity thereto, will be binding between tenants in common, whose titles are distinct, and the only object of the division is to ascertain the separate possessions. 4 Johns. R. 292; 9 Id. 270 ; 14 Wend. 619; Co. Litt. 169, a; Comyn’s Dig. Parceners, c. 5. Here has been an acknowledged division and occupation accordingly, by the parties, for some thirty years. I admit it will not be binding upon the three daughters of Lindsley, who were femes…
2Cases cited1 opinion
- Corbin v. Jackson ex dem. GarnseyCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by5 opinions
- Taylor v. . MillardNew York Court of Appeals · 1890
- Wood v. . FleetNew York Court of Appeals · 1867
- Berry v. SeawallCourt of Appeals for the Sixth Circuit · 1895
- Summerall v. ThomsSupreme Court of Florida · 1850
- Otis v. CusackNew York Supreme Court · 1865