The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-28
Supreme Court-speclaI Term.

IAxss AND MISREPRESENTATION
gas. Z, -osthltns Fret, &c ~ jane A DrIard dc,
third while The defendants represent two thirds OF
the pre- oisss raid TO be held "a common. She .sks
sale 10 disiGe the procssds-they . references TO di-
vide the land She insis tpst sxls IL for tns
interests OF the cefspdsntths defendants rel ,in that
they themselves the bsst Of their interests
Under these crcumstAncss a. there is serious diff
Guilty, 1t the proper time, in s-ctiug actual partition
OF the premises IN 70 maze tns decree q sale
arbitrary interference with the rghs Of property,
polling undsr color Of partition, to sell their
land against their viii and turning real into personal
se to the great hazard Of Minors and TO the injury OF
those who, In Of death you'd be their heirs 1t
would be exercising power Inconsistent with the spirit
OF the and inconstsnt With both the spirit
and letter OF the statute The Cour. has no authority In
partition suit s22) to order sas Of the premises
Atso mat partition thereof cannot be made without
srea pI-udics TO the owners fucker Tucker, 10
"eno Io Now the land n the prssent suit consists OK
ge number OF vacant ots lying between Fifty sourth
ana FIFTY NTH Streets, and Btoadwsy and the Eighth
avenue composing nearly the shos block and Of ANAL
fecty obvious that sush plot 40 far A ts formation
can Dc divided iato three equal shares not
only without great" but without ths sghsss 'preju.
dice" to any OF the But said there are large
arrfars OF taxes and Assessments 1t may bs doubted
think, whether that is opstsAtou witch in apy case
can lawfully ipausncs this ju gmsnt OF the Coirt-in
other WORDS whether without doing great violence IA
language it be sad be an element In the stua-
ton Of the premises WAiviog however, that view OF
the meSnlg OF the statute Ia the difficulty In ap-
portionrs these liens not already doneP And either
not, BY mortgage rAws the requisite 10 discharge
his separate sharsP The plaintiff adult and nseda
may be said Of Mrs Dorand And to Miss Horn, the
infant, who viii also be Of age, har guardian
% the proper person to attend to her interests Hes
he has right 10 Go, repudses the advice aud soltc
tude Of the plaintiff however well meant, behalf Of
ward. He ana not the plaintiff, is responsible for
the guardianship and it will be for him. In the exercise
Of an honest discretion to dete in the frs instance
how bis wards share OF the and to
be raised From the papers it appsars that there
n tle 10
tate tbs rsfore IL chsrgeable with the whole Of the an
nuA taxes and vita - just and equitable apportion-
menp OF tae assessments for local improvements 40
codiDg TO the probable duration Of Mrs Coxinos Life.
And the Court accord TO The pr,nc pie Of the ao OF
snd the mere there homestead the premises,
Of which the life tenant hsn the sole occupancy Nor
ast. .n,S she ony oasuiy sfsng from sns me
she and che only; in the language Of the sta
tuts holds Ids and, and Is in possession on , Of the
is not joint tenant or tenant in with per-
and the other parties, although jointly interested In
respect OF each other not in common In pos
session. The statute s positive that to warrant part
ton the application must b. made "by one or more Of
such persona" sha hod aud be in the possession Of
any lands Is joirt tenants and tenants in common"
Nov the plaintiff In this Ia not only not in possession
either actusy OF eonstrucvey but has NO right even
TO possession and will have till the death OF tina
Ms tenant The suit therefore is premature And the
Court behalf Of the infant defendant whether taken
va Burhsns Barb Oh r, 3es. Blownsl Va. Brownsll,
10 Wend, 366 rhs objection goes to the urisdic-
ton OF TIE court and strikes at the foundauon OF the
proceeding The purpose OF partition the severance
oa JOINT possession How thep ia the nature OF things,
TO nothing Of the words OF tue atute thes be
partition where there Is possession and even no pre-
sent eststeS" Och. Walworth, supra As 10 tbs taxes
and ssssmenis tn. parties win not voluntarily contri-
butte their shares the actof Al mskes provision for the
case and authorizes bill TO b. aled by any Psron inter
esed in the estate to eompsia just and equitable APP
porto nmentt" extend II necessary, the period Of re!
the tax assessment to effect the redempton-And
to adjust al the equities Of the parties according to their
sptor hath
session. reversion, remainder" On such BILL all
that 1t necessary proper to be done In re-
gard to this property be accomplished With great
ease ard despatch and at comparatively trihDg Ok.
pense feel the less reluctance therefore, Ia dsmi1
ing ~ constrained to do the plaintiffs applications
for partition sale OF the entire premises Complaint
dkmi, sed With coats, but without prsiudoe.