Bradshaw v. Callaghan
Court for the Trial of Impeachments and Correction of Errors
THIS case came before this court, oil a writ of error, fr°m the supreme court, on a judgment in partition. From the record it appeared, that' the defendants in’ error presented their petition, under the act for the . . v partition of lands, to the supreme court, in which they stated; “ that James Bradshaw, late of Charlton, in the county of Saratoga, and state of New-York, deceased, was before and at the time of his death, to wit, on the goth day of April, 1786, seised of an…
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THIS case came before this court, oil a writ of error, fr°m the supreme court, on a judgment in partition. From the record it appeared, that' the defendants in’ error presented their petition, under the act for the . . v partition of lands, to the supreme court, in which they stated; “ that James Bradshaw, late of Charlton, in the county of Saratoga, and state of New-York, deceased, was before and at the time of his death, to wit, on the goth day of April, 1786, seised of an estate in fee of ir ’ ’ and in a certain lot or parcel of land, situate, lying and being in the town of Charlton, in…
1Opinion of the Court
The Chancellor.
The writ of error, in this causey *562has brought up from, the supreme court a judgment ... v, m partition.
As to the first error assigned. At common law, coparceners only could have writ of' partition. They were held to be in the estate, on the seisin of their ancestor, and all the coparceners, collectively, constitute one heir. (Co. Litt. 131.) Hence it was deemed essential to set- forth the seisin of their ancestor, under whish they derived their right, as well to entitle them to til; writ, as to show their respective proportions. The statute of 31 Hen. VIII. c. 1. extended the…
2Cited by15 opinions
- Gates v. SalmonCalifornia Supreme Court · 1868
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Zaleski v. ClarkSupreme Court of Connecticut · 1877
- Whitlock v. WillardSupreme Court of Florida · 1881
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1903
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