Sullivan v. . Sullivan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered on the report of a referee. (Reported below, 4 Hun, 198.) This was an action for partition. On the 24th day of April, 1870, the premises in question were owned by John Sullivan and by defendant Thomas Sullivan as tenants in common.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered on the report of a referee. (Reported below, 4 Hun, 198.) This was an action for partition. On the 24th day of April, 1870, the premises in question were owned by John Sullivan and by defendant Thomas Sullivan as tenants in common. On that day said John Sullivan died1, - leaving a will, by which he devised the premises to his widow, the defendant Mary Sullivan, for life, -With remainder to the plaintiff herein. The referee decided that the action…
1Opinion of the CourtAllen, J.
Originally, partition could only be enforced between co-parceners, but by statute in England, as early as the thirty-first of Henry VIII, compulsory partition Was allowed between joint tenants and tenants in common of any estate or estates of inheritance in their own rights or in the right of their wives; and by a-further- act, passed' the thirty- second year of the same reign, it was allowed, where some of the tenants had estates for a term of life or years with others that had estates of inheritance or freehold in lands. But it was only allowed where there was an actual tenancy or holding…
2Cases cited4 opinions
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Blakeley v. . CalderNew York Court of Appeals · 1857
- Brownell v. BrownellNew York Supreme Court · 1838
- Hubbard v. AustinSupreme Court of Vermont · 1839
3Cited by37 opinions
- Morse v. . MorseNew York Court of Appeals · 1881
- Jenkins v. . FaheyNew York Court of Appeals · 1878
- Allen v. Berkshire Mutual Fire InsuranceSupreme Court of Vermont · 1933
- Lieberman v. ClarkTennessee Supreme Court · 1904
- King Land & Improvement Co. v. BowenAlabama Court of Appeals · 1913
32 more not listed; retrieve them via the Exa API.