Dickinson v. Codwise
New York Court of Chancery
Charles Dickinson, Jr. and Anna Maria his wife, filed their bill on the 20th day of April, 1842, against Mary Codwise and others for the partition of ten stores and lots lying on Front-street, Burling Slip, and South-street, in the city of New-York; whereof, as the bill alleged, George Codwise, Jr., died seised in fee simple. Mary Codwise was his widow ; and as the bill charged, had no estate in the premises, except her dower right, at the death of her husband.
Read the full summary
Charles Dickinson, Jr. and Anna Maria his wife, filed their bill on the 20th day of April, 1842, against Mary Codwise and others for the partition of ten stores and lots lying on Front-street, Burling Slip, and South-street, in the city of New-York; whereof, as the bill alleged, George Codwise, Jr., died seised in fee simple. Mary Codwise was his widow ; and as the bill charged, had no estate in the premises, except her dower right, at the death of her husband. Mrs. Codwise by her answer, claimed that she was legally seised in fee in her own right of a great portion of the lands, and in…
1Opinion of the Court
The Assistant Vice-Chancellor.
The lands in question were conveyed in five distinct parcels, and much of the apparent difficulty in determining the title, arises from the circumstance that George Codwise Junior laid out the whole into lots, as if he were the exclusive owner in fee, and built *221upon those lots, with reference solely to the adjoining streets, and regardless of the lines of the respective grants. So that it may happen by the decision, that a few feet of the front and rear of several of the stores belong to the heirs of George Cod-wise, while the middle and larger portion is owned…
2Cases cited2 opinions
- Stevens v. StevensNew York Supreme Court · 1819
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
3Cited by2 opinions
- Zorntlein v. BramThe Superior Court of New York City · 1882
- Mitchell v. . ReedNew York Court of Appeals · 1874