Bedford v. Tupper
New York Supreme Court
Appeal from a judgment of the Special Term declaring the interest of the various parties in certain real estate described in the complaint and directing a partition sale and distribution of the proceeds. The premises sought to be partitioned are four lots in the city of Cohoes covered with one large tenement-house. On the 6th day of July, 1869, these lots were conveyed to Zephirin Perrault and Theophile Perrault by a lease in fee.
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Appeal from a judgment of the Special Term declaring the interest of the various parties in certain real estate described in the complaint and directing a partition sale and distribution of the proceeds. The premises sought to be partitioned are four lots in the city of Cohoes covered with one large tenement-house. On the 6th day of July, 1869, these lots were conveyed to Zephirin Perrault and Theophile Perrault by a lease in fee. On the 15th day of February, 1871, the said Zephirin Perrault and wi$e executed an assignment of their undivided half of said lots to Theophile Perrault. This…
1Opinion of the Court
Boarbman, J.:
This is an appeal from a judgment directing a partition of lands among the parties to this action. The facts appear in the findings of the court below.
The defect in the record of the assignment from Zephirin Perrault to Theophile Perrault did not prejudice the rights of the latter as a purchaser; nor did the failure of the clerk to properly index such, assignment have that effect. It follows that Zephirin Perrault had no title to the premises in question after May 2, 1872. This property was attached by plaintiffs March 10, 1878, long after Zephirin. and Theophile had parted with…
2Cases cited8 opinions
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Mutual Life Ins. Co. of New York v. . DakeNew York Court of Appeals · 1881
- Merrick v. WallaceIllinois Supreme Court · 1858
- Keyes v. Wood, Grant & Co.Supreme Court of Vermont · 1849
- Mims v. MimsSupreme Court of Alabama · 1859
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