Legal Opinion
Tucker v. Tucker
New York Supreme Court
Decided January 15, 1838PublishedCited by 3 opinions
Partition of lands. In this case a report of the commissioners appointed to make partition was read, stating that the lands, &c. were so situated that partition could not be made without great prejudice to the owners, and a motion was made for a sale. The report did not state any facts upon which the opinion of the commissioners was founded.
1Per curiam
The report should have stated the facts and circumstances upon which the opinion of the commissioners was founded, so as to enable the court to judge as to the propriety of. a sale. It is only when we are satisfied that the report is just and correct, that a rule for a sale of the- premises is authorized. 2 R. S. 323, § 38. The motion must be denied.
2Cited by3 opinions
- Vesper v. FarnsworthWisconsin Supreme Court · 1876
- Fleet v. DorlandNew York Supreme Court · 1854
- Lake v. JareettIndiana Supreme Court · 1859