Yglesias v. Dewey
New Jersey Court of Chancery
Motion to strike out plea to a bill for partition. The complainant is the owner of an equal undivided one-fifth part of certain real estate in Hoboken, consisting of certain houses and lots. The defendant James H. Dewey is entitled to an equal undivided one-fifth part, the defendant Richard W. Dewey is entitled to two equal undivided one-fifth parts, and the defendant Mrs. Potter is entitled to an equal undivided one-fifth part.
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Motion to strike out plea to a bill for partition. The complainant is the owner of an equal undivided one-fifth part of certain real estate in Hoboken, consisting of certain houses and lots. The defendant James H. Dewey is entitled to an equal undivided one-fifth part, the defendant Richard W. Dewey is entitled to two equal undivided one-fifth parts, and the defendant Mrs. Potter is entitled to an equal undivided one-fifth part. The allegation of the bill is that the defendants James and Richard have the possession of the premises as landlords, and have taken the rents, issues and profits for…
1Opinion of the Court
Pitney, V. C.
In my judgment the effect of the power of attorney and the possession taken and held under it was to make the defendants mortgagees in possession of the complainant’s share of the premises, and to defeat any present right of possession on her part until the repayment of the sums of $130 and $200 mentioned in the deed. The complainant, then, is neither in possession, nor is she entitled, in equity, to the immediate possession of the premises. The same result arises from the mortgage given by complainant to her brother Richard, set forth in the bill. She cannot claim possession as…
2Cited by6 opinions
- Rayhol Co. v. HollandSupreme Court of Connecticut · 1930
- Michalski v. MichalskiNew Jersey Superior Court Appellate Division · 1958
- Hotchkin v. HotchkinNew Jersey Superior Court Appellate Division · 1969
- Hunt v. Meeker County Abstract & Loan Co.Supreme Court of Minnesota · 1915
- Buckis v. TownsendNew Jersey Court of Chancery · 1927
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