Baldwin v. . Humphrey
New York Court of Appeals
Appeal from an order of the Supreme Court, at General Term, in the second district, affirming a judgment in favor of the plaintiff, for a partition of land.
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Appeal from an order of the Supreme Court, at General Term, in the second district, affirming a judgment in favor of the plaintiff, for a partition of land. The complaint is in the usual form for the partition of lands, and claims that the plaintiff, and the defendants, Humphrey, Berry, Emans and Haxtun, hold and are in possession of a small tract of land, in the town of East Fishlrill, Dutchess county, therein particularly described, as tenants in common, each of an equal, undivided fifth, subject to thé dower rights of the wives of Berry, Emans and Haxtun, who are also parties defendant.…
1Opinion of the Court
Earl, C.
By the deeds of May 27th and July 7th, 1864, the legal title to the land in question became vested in the parties to this action.
They purchased the land as a committee, representing and acting for all the parties who subscribed the paper introduced in evidence, and marked “ E.” It cannot be doubted that the parties to the paper agreed that the-land should be purchased and the improvements made thereon, at their joint expense, and that each should have an equal share in the land and sheds to be erected thereon. All the terms of this agreement distinctly appear in the paper, in express…
2Cases cited6 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Richards v. EdickNew York Supreme Court · 1853
- Rogers v. KneelandNew York Supreme Court · 1833
- Moore v. BurrowsNew York Supreme Court · 1861
- Adams v. GreenNew York Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Benedict v. . PincusNew York Court of Appeals · 1908
- Jugla v. . TrouttetNew York Court of Appeals · 1890
- Henderson v. HendersonSupreme Court of Iowa · 1907
- Rayhol Co. v. HollandSupreme Court of Connecticut · 1930
14 more not listed; retrieve them via the Exa API.