Jooss v. . Fey
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn entered upon an order made February 24, 1890, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This was an action of partition. The defendants Christian Fey and Louise Fey are husband and wife, and in 1882, they bought the premises described in the complaint, each contributing to the purchase-money from his and her own property.
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Appeal from judgment of the General Term of the City Court of Brooklyn entered upon an order made February 24, 1890, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This was an action of partition. The defendants Christian Fey and Louise Fey are husband and wife, and in 1882, they bought the premises described in the complaint, each contributing to the purchase-money from his and her own property. The words of grant were to them “ the parties of the second part as joint tenants and to their heirs and assigns forever,” and the'…
1Opinion of the CourtGray, J.
Prior to the passage of the various acts by the legislature of this state for the benefit of married women (in the years 1848, 1849, 1860 and 1862), the common-law rule obtained that by a conveyance to husband and wife, they could only take and hold the estate as tenants by the entirety. It was immaterial to affect the quality of their holding, whether the estate was given to them, or acquired by their joint purchase. Words of grant which, to separate persons, would convey in joint tenancy, to husband and Avife would convey by entireties. They could not take and hold otherwise. They ■ were,…
2Cases cited3 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Stelz v. . ShreckNew York Court of Appeals · 1891
- Meeker v. . WrightNew York Court of Appeals · 1879
3Cited by24 opinions
- In Re the Final Accounting of Executors of AlbrechtNew York Court of Appeals · 1892
- Banzer v. . BanzerNew York Court of Appeals · 1898
- Witzel v. WitzelWyoming Supreme Court · 1963
- Miner v. . BrownNew York Court of Appeals · 1892
- Armondi v. DunhamAppellate Division of the Supreme Court of the State of New York · 1927
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