Eddy v. Traver
New York Court of Chancery
Tiie bill in this suit was filed by two of the heiis at law of G. Eddy for the partition of a part of the real estate ofwhich he died seized; and the case came before the chancellor upon an exception to the report as to incumbrances upon the undivided shares of the several tenants in common in the premises. G. Eddy died intestate previous to 1829, leaving four children and heirs, of whom Sally the wife of A. Traver was one.
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Tiie bill in this suit was filed by two of the heiis at law of G. Eddy for the partition of a part of the real estate ofwhich he died seized; and the case came before the chancellor upon an exception to the report as to incumbrances upon the undivided shares of the several tenants in common in the premises. G. Eddy died intestate previous to 1829, leaving four children and heirs, of whom Sally the wife of A. Traver was one. In April, 1829, Traver and wife conveyed to J. & G. W. Ross their undivided one fourth of a part of the real estate of which the intestate died seized, with warranty,…
1Opinion of the Court
The Chancellor.
Upon the facts disclosed in the master’s report, I think that the defendant Ross has an equitable lien upon the undivided interest of Traver and wife in the premises of which partition is sought in this case, to the extent of one fourth of the proceeds of the lands in which he had purchased their share, and which were sold under the surrogate’s order; and also for the interest on that amount from the time of the confirmation of the sale by the surrogate. It is an established principle of equity that sureties, or those who stand in the situation of sureties for those who pay a…
2Cited by29 opinions
- Gerber v. SharpIndiana Supreme Court · 1880
- Fish v. GloverIllinois Supreme Court · 1894
- Mitchell v. RobertsUnited States Circuit Court · 1883
- Lochenmeyer v. FogartyIllinois Supreme Court · 1884
- Kane v. State ex rel. WoodsIndiana Supreme Court · 1881
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