2 Johns. 482
Decided November 15, 1807
New York Supreme Court · decided 1807-11-15
HOPKINS, for the plaintiff, moved for judgment, quod partido fiat in this cause, upon the pleadings which, in substance, were as follows: The petition (after stating the rights of the plaintiffs, which were not contested,) set forth, that the defendant, Fitzsimmons, was seised in fee, of an undivided moiety of the premises, subject to two mortgages in foe, granted by him, the first of which was to the defendants, Ashley and Crammond, and the second, to the other defendants,…
Good law ✅— No negative treatment on recordhow we know
Decided 1807-11-15
Cited by 6 later decisions — most recently February 1891
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →
¶1The plaintiffs may take judgment as to Ashley and Crammond, that they go without day, and recover their costs; and as to the other defendants, that the rights of them and the other parties be ascertained and determined, according to the pleadings ; that partition be made accordingly, and that commissioners be appointed, in the manner directed by the act.
¶2Rule granted.