In re the Judicial Settlement of the Accounts of Lucy
New York Surrogate's Court
On January 1, 1891, Ambrose Arnold and Cornelius D. Lucy were the owners as tenants in common, each owning an undivided half of a farm of 160 acres, and a dairy of 40 cows upon it, situated in the town of Fairfield, N. Y. On or before January 1, 1891, Arnold and Lucy entered into an agreement that Lucy should, during the year 1891, cany on and conduct dairy and general farming business with the said farm and dairy, and that Arnold should have three-tenths, and Lucy should…
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On January 1, 1891, Ambrose Arnold and Cornelius D. Lucy were the owners as tenants in common, each owning an undivided half of a farm of 160 acres, and a dairy of 40 cows upon it, situated in the town of Fairfield, N. Y. On or before January 1, 1891, Arnold and Lucy entered into an agreement that Lucy should, during the year 1891, cany on and conduct dairy and general farming business with the said farm and dairy, and that Arnold should have three-tenths, and Lucy should have seven-tenths, of the products of the farm. The principal product of the farm ■was cheese, and by 'agreement the milk…
1Opinion of the Court
Sheldon, S.
It is well settled that a tenant in common of either personal or real property may have an action against his co-tenants in a court of equity for a partition of the common property, and if the interests of the parties require it such partition will be made by a sale of the property and a division of *120the proceeds. Tinney v. Stebbins, 28 Barb. 290; Tripp v. Riley, 15 id. 334; Andrews v. Betts, 8 Hun, 325; Shehan v. Mahar, 17 id. 130; Prentice v. Janssen, 7 id. 86; Smith v. Smith, 10 Paige, 470.
Where one tenant in common has the occupation and enjoyment merely of the whole of the…
2Cases cited9 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Mumford v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1822
- Smith v. SmithNew York Court of Chancery · 1843
- Green v. PutnamNew York Supreme Court · 1847
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