Sprague v. Engelbrecht
New York Supreme Court
The action was brought for the partition or sale of land. "There had been an actual partition by commissioners; and, ■on a motion for the confirmation of the commissioners’ report, -application was made by the defendant, to whom one-half of the land had been set off, for an extra allowance.
1Opinion of the CourtSmith, J.
If power were granted to make an allowance herein to both plaintiff and defendant I should allow plaintiff $300 and the defendant $200, inasmuch as defendant succeeded upon the ■question whether there should be a sale or an actual partition. As I construe the case, I am not permi^ed to award costs and an ¡allowance to the defendant on actual partition; hence I think it fair that no allowance be granted to the plaintiff. I think if •defendant pays one-half of the plaintiff’s costs, about the same result would be reached as if there had been a sale and allowances made upon the basis above…
2Cited by1 opinion
- Crossman v. WyckoffAppellate Division of the Supreme Court of the State of New York · 1901