Hasbrouck v. . Bunce
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a j ndgment in favor of plaintiffs entered upon the report of a referee. (Reported below, 3 T. & C., 309.) This was an action of ejectment to recover certain premises in Norway, Herkimer county; it was originally brought by fourteen plaintiffs who claimed title, as tenants in common, to twenty undivided twenty-first parts of the lot of land in controversy.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a j ndgment in favor of plaintiffs entered upon the report of a referee. (Reported below, 3 T. & C., 309.) This was an action of ejectment to recover certain premises in Norway, Herkimer county; it was originally brought by fourteen plaintiffs who claimed title, as tenants in common, to twenty undivided twenty-first parts of the lot of land in controversy. The alleged owners of the remaining one twenty-first part were made defendants pursuant to section 119 of the Code, upon the…
1Opinion of the CourtRapallo, J.
The first material question presented is, whether a portion of several tenants in common can maintain a joint action of ejectment; the appellant taking the position that, although each one can maintain a separate action for his share, or all may join, a joint action cannot be maintained by more than one,, and less than all; and that, consequently, on the death of a portion of the plaintiffs during the pendency of the action, it became defective, and could not proceed without bringing in as parties the heirs of the deceased plaintiffs.
At common law, the general rule was, that tenants in common…
2Cases cited4 opinions
- Jackson v. BradtNew York Supreme Court · 1804
- Malcom v. RogersNew York Supreme Court · 1825
- Doe ex dem. Marston v. ButlerNew York Supreme Court · 1829
- Kellogg v. KelloggNew York Supreme Court · 1849
3Cited by14 opinions
- Smith v. GaleSupreme Court of the United States · 1892
- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- Deering v. . ReillyNew York Court of Appeals · 1901
- Aldridge v. WalkerNew York Supreme Court · 1893
- Moppin v. NortonSupreme Court of Oklahoma · 1914
9 more not listed; retrieve them via the Exa API.