Taylor v. . Millard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 16,1886, which affirmed a judgment in favor of plaintiff entered upon the decision of the county judge of Bensselaer county on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 16,1886, which affirmed a judgment in favor of plaintiff entered upon the decision of the county judge of Bensselaer county on trial without a jury. This is an action of trespass brought in the County Court, after a suit for the same cause of action, commenced in justice’s court, had been discontinued because a plea of title was interposed by the defendant. The county judge found, as facts, that from 1836 to 1860, two brothers, named John and Elijah Millard,…
1Opinion of the CourtVann, J.
It is not open to discussion in this state that a paroi partition may be made of lands owned by tenánts in common, provided each party takes and retains exclusive possession of the portion allotted to him. (Wood v. Fleet, 36 N. Y. 499; Mount v. Morton, 20 Barb. 123; Ryerss v. Wheeler, 25 Wend. 434; Jackson v. Livingston, 7 id. 136; Jackson v. Christman, 4 id. 277; Jackson v. Sellick, 8 J. R. 270; Jackson v. Harder, 4 id. 202; Freeman on Co-tenancy and Partition, § 398; Knapp on Partition, 465.)
A tenancy in common exists when there is merely unity of possession, either with or without a union…
2Cases cited7 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Cronkhite v. . CronkhiteNew York Court of Appeals · 1884
- Pierce v. . KeatorNew York Court of Appeals · 1877
- Wood v. . FleetNew York Court of Appeals · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Reich v. . CochranNew York Court of Appeals · 1896
- Baker v. KenneySupreme Court of Iowa · 1910
- Trimble v. Kentucky River Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1930
- Pioneer Mining Co. v. Bannack Gold Mining Co.Montana Supreme Court · 1921
21 more not listed; retrieve them via the Exa API.