Ford v. Belmont
The Superior Court of New York City
This was an action for the partition of certain land in the city of Hew York, claimed by the plaintiff to be held by her in common with the defendants.
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This was an action for the partition of certain land in the city of Hew York, claimed by the plaintiff to be held by her in common with the defendants. The complaint alleged the original ownership in fee of such land by Dunbar 8. Dyson, in July, 1842; his application by petition, at that time, to the United States District Court for the southern district of Hew York, to be discharged as a bankrupt, in September of that year; the declaration of him as one»; the delivery of a copy of the decree, so declaring him, by order of the court to the official assignee, (William C. H. Waddell, Esq.)…
1Opinion of the Court
Robertson, Ch. J.
The main point in this ease is whether the legal title to an undivided two thirds of the lots in question passed by the deed from the official assignee in bankruptcy to the plaintiff That turns principally on the effect of the instrument of July, 1835, executed by Mr. Clarke and the two Dysons. The existence and contents of that instrument are fully proved by the admission made by Mr. D. S. Dyson in his answer to the bill of complaint of Mrs. Clarke against him and others. This was admissible in evidence as the declaration of a party in possession of lands claiming title,…
2Cited by3 opinions
- Delphine St. Amand v. LongSupreme Court of Louisiana · 1873
- McCook v. ComegysSupreme Court of Louisiana · 1929
- Ford v. BelmontThe Superior Court of New York City · 1872