New York Superior Court Reports (Volume 49) (Paperback)

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.1884 Excerpt: ... MEMORANDA or CASES NOT REPORTED IN FULL. WILLIAM ZORNTLEIN, Respondent V. GEORGE A. BRAM, Et Al., Appellants Estates--tenancy by entirety does not exist.--Partition--finding that parties are tenants in common, a suffwient finding that plaintiff' was in actual or constructive possessoit. Before Sedgwick, Ch. J., Freedman and Russell, JJ. Decided December 30, 1882. Appeal by defendants from a judgment directing sale of certain real estate, as asked by the complaint and that proceeds be divided, an actual partition being impossible. The plaintiff claimed to be owner of an uudivided half of the property and tenant in common with the defendants who were owners of the other undivided half as was alleged by the complaint. The plaintiff derived title by a deed of conveyance made by Babeta Bram on September 23, 18S1. Babeta Bram was then the wife of Jacob B ram. Babeta Bram derived title from a deed of conveyance made on April 24, 1878, to the said Jacob Bram and Babeta his wife. On September 30, 1881, Jacob Bram and Babeta Bram, joined in a deed of conveyance of the whole of the premises to the defendant The court directed judgment of sale and division of proceeds. The defendant appealed, claiming that Jacob 476 Statement of the Case. Bram and his wife were tenants in entirety, with right of survivorship. The court at General Term said: "In the light of the reasoning of the opinion of Judge Danforth in Meeker v. Wright (76 N. Y. 262), the court below was correct in its judgment on this question. It should be passed on by the court of appeals.' It was asserted that there was no finding of the fact that the plaintiff was in actual or constructive possession. The court at General Term, said: "That is sufficiently found, by the first finding, which is that the parties...