Smith v. Smith
New York Court of Chancery
This was an appeal by the defendant from so much of the decree of the late assistant vice chancellor of the first circuit, in a partition suit, as adjudged that the premises were so circumstanced that a partition thereof could not be made, without great prejudice to the owners of the same, and directed that a decree be entered for the sale thereof, without further notice to the defendant, upon the coming in of the master’s report as to liens ; and from so much of the decree…
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This was an appeal by the defendant from so much of the decree of the late assistant vice chancellor of the first circuit, in a partition suit, as adjudged that the premises were so circumstanced that a partition thereof could not be made, without great prejudice to the owners of the same, and directed that a decree be entered for the sale thereof, without further notice to the defendant, upon the coming in of the master’s report as to liens ; and from so much of the decree as directed that neither party should have any costs as against the other, in regard to other matters litigated in the…
1Opinion of the Court
The Chancellor.
As neither party has appealed from that part of the decree which declares the rights of the *473complainant and defendant, as tenants in common, in equal proportions, of the mill dam, stream, pond and pondage lands, and premises described in the first clause of the decree, the question cannot arise here, whether each party took his conveyance of the undivided half of the dam and the land under the waters of the pond, subject to the right of the other to use the water, for the mill or mills conveyed to him in severalty, to the same extent and in the same manner as it had been before…
2Cases cited1 opinion
- Hills v. DeyNew York Supreme Court · 1835
3Cited by30 opinions
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- Hill v. RenoIllinois Supreme Court · 1883
- Chew v. . SheldonNew York Court of Appeals · 1915
- Willard v. WillardSupreme Court of the United States · 1892
- McMath v. DeBardelabenSupreme Court of Alabama · 1883
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