Duffy v. Duffy
New York Supreme Court
Appeal from special term, New York county. Action by Mary Duffy, heir at law of Philip Duffy, against Catherine Duffy his widow, Francis Duffy, Susan Daly, and others, heirs at law, for sale in partition of certain parcels of land of decedent. Sale ordered, and defendant Catherine Duffy appeals. Code Civil Proc. N. Y. § 1532, authorizes ah action for partition between tenants in common, and sale where partition cannot be made without prejudice.
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Appeal from special term, New York county. Action by Mary Duffy, heir at law of Philip Duffy, against Catherine Duffy his widow, Francis Duffy, Susan Daly, and others, heirs at law, for sale in partition of certain parcels of land of decedent. Sale ordered, and defendant Catherine Duffy appeals. Code Civil Proc. N. Y. § 1532, authorizes ah action for partition between tenants in common, and sale where partition cannot be made without prejudice. Section 1533 prohibits a sale in partition proceedings between co-owners of a remainder or reversion; and section 1537 provides that one alleging that…
1Opinion of the CourtDaniels, J.
By the judgment which has been recovered, a sale in partition is directed of two parcels of land situated on Seventy-fourth street, between Second and Third avenues, in the city of New York. The larger par*24cel is 25 feet front and rear, by 102 feet 2 inches in depth. Each of these parcels of land was owned at the time of his decease by Philip Duffy, who left a will devising one undivided half of the larger piece of ground to his widow in lieu of dower. The will made no other disposition of any part of the property of the testator after the payment of his debts, funeral and testamentary…
2Cases cited5 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Crittenden v. . FairchildNew York Court of Appeals · 1869
- Lovett v. . GillenderNew York Court of Appeals · 1866
- Lovett v. KingslandNew York Supreme Court · 1865
3Cited by6 opinions
- Mellen v. BanningNew York Supreme Court · 1893
- Fritz v. FritzNew York Supreme Court · 1892
- Cahill v. CahillNew Jersey Court of Chancery · 1901
- Stebbens v. TurnerNew York Supreme Court · 1907
- In re FordNew York Surrogate's Court · 1929
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