Phelps v. Green
New York Court of Chancery
BILL for the partition of land. The .plaintiff stated, that being seised in fee of an equal and undivided moiety of lot No. 2, in the- second allotment of the Oriskany patent, containing 740 acres, he, on the 12th of September, 1803, took possession of the Westerly half part of the premises, the easterly half being in possession of some or all of the defendants. That he has since continued in possession of the westerly part, and made great improvements thereon.
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BILL for the partition of land. The .plaintiff stated, that being seised in fee of an equal and undivided moiety of lot No. 2, in the- second allotment of the Oriskany patent, containing 740 acres, he, on the 12th of September, 1803, took possession of the Westerly half part of the premises, the easterly half being in possession of some or all of the defendants. That he has since continued in possession of the westerly part, and made great improvements thereon. That there are various conflicting claims as to the other moiety of the lot. That Joseph Winter was seised thereof in trust for…
1Opinion of the Court
The Chancellor.
When the question arises on a bill for a partition, as to the undivided rights and interests of the parties, the usual course is to direct a reference to a , Master to inquire and report. The court must first ascertain the estate and interest of the parties respectively, before the commission to make partition can be awarded. This course was followed in Agar v. Fairfax, (17 Vesey, 533.) But this is a peculiar case, and that course cannot *305well and safely be pursued. The plaintiff’s right to an undivided moiety of the lot is admitted, and all the defendants are consenting to a…
2Cases cited1 opinion
- Wilkin v. WilkinNew York Court of Chancery · 1814
3Cited by10 opinions
- State Tax-Law CasesMichigan Supreme Court · 1884
- Mattair v. PayneSupreme Court of Florida · 1876
- Nash v. SimpsonSupreme Judicial Court of Maine · 1886
- Brown v. Cranberry Iron & Coal Co.Court of Appeals for the Fourth Circuit · 1896
- Chandler v. GrahamMichigan Supreme Court · 1900
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