Bertles v. . Nunan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order directing such judgment, made March 22, 1882,.upon a case submitted under section 1279 of the Code of Civil Procedure. The facts stated were substantially these : In 1868, Helson K. Hopkins executed a deed to “ Cornelius Day and Hannah Day, his wife * * * their heirs and assigns,” of certain premises situate in the city of Buffalo.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order directing such judgment, made March 22, 1882,.upon a case submitted under section 1279 of the Code of Civil Procedure. The facts stated were substantially these : In 1868, Helson K. Hopkins executed a deed to “ Cornelius Day and Hannah Day, his wife * * * their heirs and assigns,” of certain premises situate in the city of Buffalo. In August, 1877, Cornelius Day died leaving his wife surviving him, and after his death, up to .her own death, she had the…
1Opinion of the CourtEarl, J.
On the 1st day of August, 1868, certain land, which is the subject of this controversy, was conveyed by deed to Cornelius Day and Hannah Day, his wife, and to their heirs and assigns; and the sole question for our determination is whether the grantees took the land as tenants in common or whether each took and became seized of the entirety.
By the common law, when land was conveyed to husband and wife they did not take as tenants in common, or as joint tenants, but each became seized of the entirety, per tout, et non per my, and upon the death of either the whole survived to the other. The…
2Cases cited12 opinions
- Chandler v. CheneyIndiana Supreme Court · 1871
- Marburg v. ColeCourt of Appeals of Maryland · 1878
- Meeker v. . WrightNew York Court of Appeals · 1879
- Torrey v. . TorreyNew York Court of Appeals · 1856
- Nickerson v. . RugerNew York Court of Appeals · 1879
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3Cited by158 opinions
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- Davis v. . BassSupreme Court of North Carolina · 1924
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