Pitman v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Reginald E. A. Pitman, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the cleric of the county of Dutchess' on the 1st day of June, 1909, staying a sale under an execution.
1Opinion of the Court
Jenks, J.:
For a number of years E. Pitman, one of four tenants in common, collected all rentals from the realty without accounting to his cotenants. In January, 1909, the cotenant, B. Pitman, began an action in this court against the said E. Pitman to recover a money judgment for his share of such rentals. And subsequently, in the same month, he began this action in the said court for a partition of the said realty.. The defendant Smith, also a cotenant, in her answer to the partition suit, asserted her lien for her part of the rents collected by E. Pitman. E. Pitman suffered default in the…
2Cases cited7 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Foltz v. WertIndiana Supreme Court · 1885
- Hannan v. OsbornNew York Court of Chancery · 1834
- Scott v. GuernseyNew York Supreme Court · 1866
- Peck v. WilliamsIndiana Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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