Cloos v. Cloos
New York Supreme Court
Appeal from special term, Kings county. Action by Sophie Cloos against her husband, Bernard Cloos, for the partition of real estate which had been conveyed to them jointly. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtPratt, J.
The common-law rule that where lands are conveyed to husband and wife jointly they hold as tenants by the entirety still prevails in this state, and has not been abrogated by the various acts of the legislature with respect to married women. Bertles v. Nunan, 92 N. Y. 152; Zorntlein v. Bram, 100 N. Y. 12, 2 N. E. Rep. 388. That husband and wife may hold lands as joint tenants, or as tenants in common, would seem to be recognized by chapter 472, Laws 1880. When they so hold, an action in partition will lie at the suit of either against the other. Moore v. Moore, 47 N. Y. 467.
The only question…
2Cases cited4 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Zorntlein v. . BramNew York Court of Appeals · 1885
- Moore v. . MooreNew York Court of Appeals · 1872
- Hicks v. CochranNew York Court of Chancery · 1843
3Cited by10 opinions
- Witzel v. WitzelWyoming Supreme Court · 1963
- Miner v. . BrownNew York Court of Appeals · 1892
- Brown v. BrownIndiana Supreme Court · 1893
- Messing v. MessingAppellate Division of the Supreme Court of the State of New York · 1901
- Bartkowaik v. SampsonOneida County Court · 1911
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