Reports of Cases Decided in the Court of Appeals of the State of New York Volume 73

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. 1879 Excerpt: ...Titus, the daughter mentioned, married Simon Phelps, by whom she had three children, all of whom are living. In 1847 Cornelia and her husband conveyed these lots to James Waterbury, and subsequently the same title came to Tilliam Laytin, Lawrence and Julia Waterbury. In 1861 John F. Phelps and Maria Louisa Phelps, two of the children of Cornelia, executed quit-elaim deeds of conveyance for these lots with others to Alvah C. Bush, reciting therein that they were intended to grant all their right, title and interest, eonditional, contingent, in remainder, or otherwise, in and to the lands of which Francis Titus died seized. In the same year the estate of Ida C. Phelps, the other child of Cornelia, then an infant, in pursuance of proceedings under the statute providing for the sale of the real estate of infants, was conveyed to Mr. Bush, the same grantee. In 1874 VVilliam Laytin brought an action for a partition of these and the other lots, in which he made Bush and the Vaterburys defendants. Bush was a non-resident of the State, and an order was obtained in the action for the service of the summons on him by publication, and he was served personally out of the State, at his place of residence in Pennsylvania, but did not appear in the action. The cause proceeded to judgment, which was in substance that partition be had by sale of the premises; that out of the proceeds certain sums paid by the temuits for life for taxes and assessments be refunded, and that the balance be divided in certain specified proportions. Under the jud@ent the premises in question were sold to the plaintiff, who received the referee's deed therefor. During the pendency of the action the testator's daughter Cornelia died. The lots in question were sold in 1838, f...