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Abbott's Cyclopedic Digest of All the Decisions of All the Courts of New York from the Earlist Time to the Year 1900 Volume 10

Abbott's Cyclopedic Digest of All the Decisions of All the Courts of New York from the Earlist Time to the Year 1900 Volume 10


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 Excerpt: ... in common in an interest in real property, carved out of the fee, is not a necessary party in a suit for partition of the interest, as it does not affect his estate.--Canfield v. Ford, 28 Barb. 336; aff. jt. 16 How. Pr. 473. 12. (Sup. 1891) The husband of one of the owners of land is not a proper or necessary party to an action for partition.--Barnes v. Blake, 59 Hun, 371, 36 State Rep. 210, 20 Civ. Proc. R. 17, 13 N. Y. Supp. 77.--Plaintiffs or defendants. 13. (Sup. 1873) The wife of a tenant in common need not join as plaintiff with him in an action to partition his real estate. She is a necessary party, but more fittingly defendant than plaintiff. An objection that she is made defendant, and not a co-plaintiff with her husband, cannot avail other defendants in the action.--Rosekrans v. White, 7 Lans. 486. 14. (Sup. 1885) A plaintiff in partition who is a tenant in common of the property sought to be partitioned, may join his wife as a coplaintiff in the action. The provision of Code Civ. Proc. 1538, that " no person other than a joint tenant in common of the property shall be a plaintiff in the action," does not apply in such case.--Foster v. Foster, 38 Hun, 365. 15. (Sup. Sp. T. 1886) Where all the parties in interest are before the court in an action for partition, and the complaint sets forth all the rights which they claim either individually or in a representative capacity, there is not a defect of parties because the plaintiff who is both a tenant in common and the trustee of a co-tenant does not sue as such trustee, and is not a party defendant in that capacity.--Diehl v. Lam'bart, 9 Civ. Proc. R. (Browne) 267.----Proper parties. 16. (Sup. Sp. T. 1849) Those who have conveyed their interest are not proper parties to a partition.-...


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Product Details
  • ISBN-13: 9781130329087
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 1014
  • Spine Width: 51 mm
  • Width: 189 mm
  • ISBN-10: 1130329089
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1769 gr


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Abbott's Cyclopedic Digest of All the Decisions of All the Courts of New York from the Earlist Time to the Year 1900 Volume 10
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