Mead v. Mitchell
New York Supreme Court
Hotion on behalf of a purchaser at a sale of premises in partition, to be discharged from his purchase. The suit in partition was brought by Benjamin Mead against William Mitchell and others. The complaint set forth that the plaintiff and one Ellen Tooker, prior to the year 1843, were owners as tenants in common of a certain lot with a store thereon, in South-street in the city of New York, each entitled to one equal- undivided half part thereof.
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Hotion on behalf of a purchaser at a sale of premises in partition, to be discharged from his purchase. The suit in partition was brought by Benjamin Mead against William Mitchell and others. The complaint set forth that the plaintiff and one Ellen Tooker, prior to the year 1843, were owners as tenants in common of a certain lot with a store thereon, in South-street in the city of New York, each entitled to one equal- undivided half part thereof. That said Ellen Tooker, being so seized of said undivided half part of said lot and store on or about November 3, 1843, by her last will and…
1Opinion of the CourtDavies, J.
At common law, estates, in respect to their owners, when held hy more than one person, were divided into estates in joint tenancy, tenancy in common, and coparcenary: the first two were created by the act of the parties, and the last by the act of the law.
And at common law, partition could be made in every case by the consent of all the owners, yet it could not he compelled by one co-tenant against the will of the others or of any of them, except in the case of coparceners, until the passage of the statutes of 31 Henry 8, ch. 1, and of 32 Henry 8, ch. 32, extended this right to joint tenants…
2Cases cited6 opinions
- In re the case of YatesNew York Supreme Court · 1809
- Jackson v. EdwardsNew York Court of Chancery · 1839
- In re BrownNew York Supreme Court · 1839
- Jackson v. EdwardsCourt for the Trial of Impeachments and Correction of Errors · 1839
- Cheesman v. ThorneNew York Court of Chancery · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Vollaro v. VollaroAppellate Division of the Supreme Court of the State of New York · 1911
- Thompson v. PriceWashington Supreme Court · 1905