Gardner v. Luke
New York Supreme Court
On applying for an order of sale in a case prosecuted in this court for the partition of lands, the counsel for the plaintiff submitted to the court the question whether, under the statutes for the partition of lands as found in the revised statutes and the act amending thé same, passed in 1830, it is compulsory that an order shall be entered requiring the clerk to ascertain and report whether the shares of the parties to the suit are subject to liens and encumbrances, or…
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On applying for an order of sale in a case prosecuted in this court for the partition of lands, the counsel for the plaintiff submitted to the court the question whether, under the statutes for the partition of lands as found in the revised statutes and the act amending thé same, passed in 1830, it is compulsory that an order shall be entered requiring the clerk to ascertain and report whether the shares of the parties to the suit are subject to liens and encumbrances, or whether it is optional with the party prosecuting the suit to enter such rule, or omit to enter it, as he shall think…
1Opinion of the Court
The Court approved of the above view of the statutes, and lield that a reference to the clerk to ascertain liens and encumbrances is not inoperative, except on the motion of either party. A rule for a sale of the premises was accordingly ordered without a reference to the clerk in respect to liens, &c.
2Cited by4 opinions
- Hall v. PartridgeNew York Supreme Court · 1853
- Noble v. CromwellNew York Court of Appeals · 1860
- Noble v. CromwellNew York Supreme Court · 1858
- Lippert v. Gates, New York County Courts1911