Chamberlin v. . Gleason
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, -entered August 18, 1897, affirming unanimously a judgment in favor of plaintiff entered upon a decision of the trial court, apportioning an assessment for paving, authorizing the city to collect it as apportioned, and enjoining the city from collecting of the plaintiff except as apportioned.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, -entered August 18, 1897, affirming unanimously a judgment in favor of plaintiff entered upon a decision of the trial court, apportioning an assessment for paving, authorizing the city to collect it as apportioned, and enjoining the city from collecting of the plaintiff except as apportioned. The proper authorities of the city of Clean, pursuant to the provisions of its charter, in 1893 caused Barry street to be paved. The plaintiff then was and since has been the occupant as tenant for…
1Opinion of the CourtLandon, J.
The city has not appealed, and we assume that it is content with the judgment. As between the city and the remaindermen, the city did not take the statutory steps to make this assessment against them personally, and did not assume to levy it against their respective interests in the lot in question. It assumed the plaintiff to be the owner of the lot. The tenant for life and the remaindermen are not tenants in common, since the possession of the tenant for life is exclusive of like possession by the remaindermen, and unity of possession, or promiscuous occupation, or the right to it, is one…
2Cases cited9 opinions
- Stevens v. . MelcherNew York Court of Appeals · 1897
- In Re the Judicial Settlement of the Account of AlbertsonNew York Court of Appeals · 1889
- Peck v. . SherwoodNew York Court of Appeals · 1874
- Sullivan v. . SullivanNew York Court of Appeals · 1876
- Thomas v. . EvansNew York Court of Appeals · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
- Knight v. ClinkscalesSupreme Court of Oklahoma · 1915
- In re the Estate of MenzieNew York Surrogate's Court · 1907
- Troy v. Protestant Episcopal ChurchSupreme Court of Alabama · 1911
- In re the Judicial Settlement of the Account of SchummersAppellate Division of the Supreme Court of the State of New York · 1924
16 more not listed; retrieve them via the Exa API.