Van Arsdale v. Drake
New York Supreme Court
In EauiTY. The defendant Susannah Drake, and her two daughters, Susan Drake and Ann, the wife of John F. Seaman, were seised in fee as tenants in common of nine several houses and lots, in the city of New-York. Seaman was seised of a life estate for the joint lives of himself and wife, in his wife’s third, and being so seised, he failed in business and made an assignment to the plaintiffs for the benefit of his creditors.
Read the full summary
In EauiTY. The defendant Susannah Drake, and her two daughters, Susan Drake and Ann, the wife of John F. Seaman, were seised in fee as tenants in common of nine several houses and lots, in the city of New-York. Seaman was seised of a life estate for the joint lives of himself and wife, in his wife’s third, and being so seised, he failed in business and made an assignment to the plaintiffs for the benefit of his creditors. They filed this bill, asking a partition and sale of the whole of the premises owned in common, on the ground that they would thus, by receiving from the avails a sum in…
1Opinion of the CourtEdmonds, J.
At common law, as well as by statute, partition between tenants in common of real property, is matter of right, where both parties cannot, or either of them will not, consent to hold and use the property in common. (Smith v. Smith, 10 Paige's Rep. 473, and cases cited. 2 R. S. 321, § 23, 329, § 80.) The statute is imperative that the court shall determine the rights of the parties in the lands of which partition is sought, and shall give judgment that partition be made, &.c. As then the plaintiffs in this suit are seised, by virtue of the assignment to them, of an estate for life in the…
2Cases cited1 opinion
- Smith v. SmithNew York Court of Chancery · 1843
3Cited by9 opinions
- Chew v. . SheldonNew York Court of Appeals · 1915
- Lazier v. . WestcottNew York Court of Appeals · 1862
- Lannon v. LannonSupreme Court of Rhode Island · 1917
- Lazier v. WestcottNew York Court of Appeals · 1862
- Nash v. FrankNew York Supreme Court · 1957
4 more not listed; retrieve them via the Exa API.