Hildebrand v. Hildebrand

Appeal from a judgment of the Supreme Court, Chemung County, which decided that the parties each own a one-half interest in certain land as tenants in common and which ordered partition of the property. Involved is a parcel of land deeded to the parties as husband and wife in the belief that they were legally married. Subsequently, however, it developed that the marriage was void because appellant’s divorce from his first wife was a nullity (Hildebrand v. Hildebrand, 20 A D 2d 328, mot. for lv. to app. den. 14 N Y 2d 488). When a tenancy by the entirety fails because the marriage between the…