Bogardus v. Parker
New York Supreme Court
In Partition. The complaint is filed by one of the daughters of General Bogardus, against his other childern and heirs at law, and against his widow, .and is for the purpose of obtaining a partition or sale of the lands of which he died seized.
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In Partition. The complaint is filed by one of the daughters of General Bogardus, against his other childern and heirs at law, and against his widow, .and is for the purpose of obtaining a partition or sale of the lands of which he died seized. The complaint alleges that General B. died intestate seized of the lands described in it, and that the defendants are his heirs at law and his widow; that each heir or his representative is entitled to one-eighth of all the lands, and that the widow is entitled to dower in them. Thus far the defendants do not object; but the complaint also states that…
1Opinion of the Court
Mitchell, Justice.
The propriety of these objections will be best understood by considering the rights of the plaintiff and of the widow. The plaintiff is the owner in common with the other heirs of the lands described in the complaint: that is, one single cause of action set forth in the complaint. Having that cause of action she is entitled to a partition of those lands, or to a sale of them if a partition can not be made; and to have the sale made free from all liens so that the purchaser can obtain a perfect title to the property. If a sale is to be made, it has been usual to make…
2Cited by5 opinions
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Townsend v. . BogertNew York Court of Appeals · 1891
- Grody v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1928
- Mayor of New York v. Parker Vein Steamship Co.The Superior Court of New York City · 1861
- Townshend v. TownshendNew York Supreme Court · 1875