Sullivan v. Sullivan
New York Supreme Court
APPEAL by defendants from, a judgment ordered at the special term upon the report of a referee. The action was brought by Mary Kate Sullivan, an infant, by her guardian ad litem, against Mary Sullivan and Thomas Sullivan, to compel a partition or sale of certain premises situated in the city of Troy, and judgment was rendered for a sale of the premises and division of the proceeds.
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APPEAL by defendants from, a judgment ordered at the special term upon the report of a referee. The action was brought by Mary Kate Sullivan, an infant, by her guardian ad litem, against Mary Sullivan and Thomas Sullivan, to compel a partition or sale of certain premises situated in the city of Troy, and judgment was rendered for a sale of the premises and division of the proceeds. The defendant Thomas Sullivan took exceptions to the report of the referee, and brought this appeal from the judgment. The material facts, as found by the referee, are that John Sullivan, plaintiff’s testator, in…
1Opinion of the CourtPotter, J.
But one question is discussed upon the points in behalf of the appellants; and that is, whether' the plaintiff can maintain an action of partition upon the facts in this case. The *434objection that the plaintiff cannot maintain such action was distinctly taken by the answer, and is determined by the judgment.
This question, from the examination I have been able to give it, does not seem to have been decided by the court of last resort in this State. Nor have the decisions of this court upon the question been entirely uniform.
This question is very-ably discussed, and the cases claimed to have a…
2Cases cited8 opinions
- Pillow v. RobertsSupreme Court of the United States · 1852
- Putnam v. RitchieNew York Court of Chancery · 1837
- Blakeley v. . CalderNew York Court of Appeals · 1857
- Jenkins v. Van SchaackNew York Court of Chancery · 1831
- Bryan v. AtwaterSupreme Court of Connecticut · 1811
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