Ford v. . Knapp
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 20, 1883, which affirmed an interlocutory judgment entered herein upon a decision of the court on trial at Special Term, and a final judgment entered upon the report of a referee. (Reported below, 31 Hun, 522.) This was an action for partition. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 20, 1883, which affirmed an interlocutory judgment entered herein upon a decision of the court on trial at Special Term, and a final judgment entered upon the report of a referee. (Reported below, 31 Hun, 522.) This was an action for partition. The material facts are stated in the opinion. Defendants were equitably entitled to the avails of the sale after deducting costs and expenses, and the value of the premises at the time of the execution sale before the…
1Opinion of the CourtFinch, J.
The facts of this case develop a question not in all respects easy to answer. The defendants were tenants in common with one Whitaker of a mill property badly run down and out of repair. Their share was an undivided half. On a judgment against Whitaker his interest was sold, the defendants becoming purchasers; but subsequent judgment creditors redeemed and acquired the title of the debtor, and became by relation and"through their redemption vested with the right of the debtor from the date of the sale, and thereby tenants in common with the defendants from that date by relation, or vested…
2Cases cited5 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Town v. NeedhamNew York Court of Chancery · 1831
- Hewlett v. . WoodNew York Court of Appeals · 1875
- Taylor v. BaldwinNew York Supreme Court · 1850
- St. Felix v. RankinNew York Court of Chancery · 1839
3Cited by63 opinions
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Stevens v. . MelcherNew York Court of Appeals · 1897
- Waialua Agricultural Co. v. ChristianSupreme Court of the United States · 1938
- Porter v. HendersonSupreme Court of Alabama · 1919
- Satterlee v. . KobbeNew York Court of Appeals · 1903
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