Bender v. Terwilliger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, R. Watson Terwilliger, individually, from a final judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Fulton on the 23d day of October, 1899, upon the decision of the court adopting the verdict of a jury upon an issue submitted to it, with notice of an intention to bring up for review upon such appeal the order for said judgment entered in said clerk’s office on the 23d day of October, 1899,…
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Appeal by the defendant, R. Watson Terwilliger, individually, from a final judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Fulton on the 23d day of October, 1899, upon the decision of the court adopting the verdict of a jury upon an issue submitted to it, with notice of an intention to bring up for review upon such appeal the order for said judgment entered in said clerk’s office on the 23d day of October, 1899, and also orders denying the defendant’s motions for .a new tidal entered in said clerk’s office on the 9th and 10'th days…
1Opinion of the Court
Herrick, J.:
Section 1532 of the Code of Civil Procedure provides that “ Where two or more persons hold and are in possession of real property, as joint tenants or as tenants in common, in which either of them- has an estate of inheritance, or for life, or for years, any one or more of them may maintain an action for the partition of the property, according to the respective rights of the persons interested therein; and for a sale thereof if it appears that a partition thereof cannot be made, without great prejudice to the owners.” -
The possession of real property therein referred to, does not…
2Cases cited9 opinions
- Weston v. . StoddardNew York Court of Appeals · 1893
- Caldwell v. TaggartSupreme Court of the United States · 1830
- Marsellis v. ThalhimerNew York Court of Chancery · 1830
- Lake Ontario National Bank v. JudsonNew York Court of Appeals · 1890
- Townsend v. . BogertNew York Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Drake v. DrakeAppellate Division of the Supreme Court of the State of New York · 1901
- Cilley v. Preferred Accident Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Brinn v. Slawson & HobbsAppellate Division of the Supreme Court of the State of New York · 1947
- In re the Estate of SmithAppellate Division of the Supreme Court of the State of New York · 1909