Wotten v. Copeland

Decided July 1, 1823

New York Court of Chancery · decided 1823-07-01

BILL for a partition, stating, that George Copeland died seised of three houses and lots in the city of NetoYork, and left five heirs, of whom the wife of the plaintiff, Wotten, was one, .and the first four defendants were the other heirs. The bill stated, that all the lots were incumbered by mortgages and judgments; and the mortgage and judgment creditors were made defendants.

Good law ✅— No negative treatment on recordhow we know

Decided 1823-07-01

How this case has been cited

Cited by 5 later decisions — most recently February 1891

4 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.

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The Chancellor.

¶1The plaintiffs are entitled to a partition, as to the equity of redemption merely. The mortgage and judgment creditors have no concern with the partition; and their rights cannot be affected by it. A sale of the entire legal and equitable estate could not be effected in this way. Tenants in common of an interest less than a fee, even of an interest in a lease for years, may have partition of such minor interest, as between themselves. But the mortgagees and judgment creditors cannot be compelled to join in the partition. No relief can be prayed against them, and their rights cannot be affected by the partition. (Baring v. Nash, 1 Ves. and Bea. 551.)

¶2The bill, as to them, must be dismissed, with costs.

¶3As to the heirs, a partition may be had, and let a commission issue accordingly.