Wotten v. Copeland
New York Court of Chancery
BILL for a partition, stating, that George Copeland died seised of three houses and lots in the city of NetoYork, and left five heirs, of whom the wife of the plaintiff, Wotten, was one, .and the first four defendants were the other heirs. The bill stated, that all the lots were incumbered by mortgages and judgments; and the mortgage and judgment creditors were made defendants.
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BILL for a partition, stating, that George Copeland died seised of three houses and lots in the city of NetoYork, and left five heirs, of whom the wife of the plaintiff, Wotten, was one, .and the first four defendants were the other heirs. The bill stated, that all the lots were incumbered by mortgages and judgments; and the mortgage and judgment creditors were made defendants. The prayer of the bill was, for a partition or sale of the lots, and that the incumbrances he paid out of the proceeds. The creditors answered. Boyd, for the JSagle Fire Insurance Company, mortgagees of G. C.,…
1Opinion of the Court
The Chancellor.
The plaintiffs are entitled to a partition, as to the equity of redemption merely. The mortgage and judgment creditors have no concern with the partition; and their rights cannot be affected by it. A sale of the entire legal and equitable estate could not be effected in this way. Tenants in common of an interest less than a fee, even of an interest in a lease for years, may have partition of such minor interest, as between themselves. But the mortgagees and judgment creditors cannot be compelled to join in the partition. No relief can be prayed against them, and their rights…
2Cited by10 opinions
- Hull v. LyonSupreme Court of Missouri · 1858
- Stevens v. McCormickSupreme Court of Virginia · 1894
- Martin v. MartinSupreme Court of Virginia · 1897
- Yates v. JohnsonSupreme Court of Missouri · 1885
- Anderson v. CaveSupreme Court of South Carolina · 1897
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