« ΠροηγούμενηΣυνέχεια »
That Baldwin Bouton, now deceased, late of the town of Rensselaerville, in the county of Albany, was, in his lifetime and at the time of his death, seized, in fee simple, and possessed of certain premises, known and described as follows: [ Describing the premises. ]
That the said Baldwin Bouton died intestate, some time during the year 1849; that he left him surviving his widow, the said Susannah Bouton, and the following children, viz: [Naming them, and if any are married women, the names of their husbands ; ] that said Phebe is now dead, leaving two children her sole surviving heirs-at-law, to wit, the defendants, the said Mary Jane White and Helen White, who are both minors; that the said Baldwin Bouton, deceased, left no last will and testament, or any other instrument in the nature of an appointment, directing the disposition of said real estate, or any part thereof, to the knowledge, information or belief of the plaintiff.
The plaintiff further alleges, that a judgment was obtained in the Supreme Court of this State, in favor of George N. Sharp, the said plaintiff, against Nathaniel Crosby, and Rufus Bouton, one of the said children of the said Baldwin Bouton, deceased, on the 27th day of October, 1854, for $263.85, and was filed and entered in the office of the clerk of the county of Rensselaer, and a transcript thereof filed in the office of the clerk of the county of Albany; that an execution founded on said judgment was thereafter issued, on the 28th day of October, 1854, in favor of the said George N. Sharp, against the said Nathaniel Crosby and Rufus Bouton, and was directed to John McEwen, then the sheriff of Albany county; that by virtue of the said execution, the said sheriff was commanded to satisfy the said judgment of the goods and chattels of the said Nathaniel Crosby and Rufus Bouton, and if sufficient goods and chattels of the said Nathaniel Crosby and Rufus Bouton could not be found, then to cause the amount of said judgment to be made of the lands, tenements, real estate and chattels real, whereof the said Nathaniel Crosby and Rufus Bouton, or either of them, was seized ; that whereas sufficient goods and chattels of the said Nathaniel Crosby and Rufus Bouton could not be found to satisfy the said execution, the said sheriff made a levy upon, and, having first given notice of the time and place of sale, by advertising the same according to law, did, on the 1st day of March, 1855, at public vendue in the city of Albany, sell all the right, title and interest of the said Rufus Bouton in and to the premises heretofore described, and the said premises were then and there struck off and sold to the said George N. Sharp, the plaintiff in this action, and the said sheriff thereupon duly executed a certificate of sale of said premises to the said George N. Sharp, and filed a duplicate thereof with the clerk of the county of Albany; that fifteen months after the said sale and the giving and filing of the certificate thereof having expired without any redemption of the said premises, the said sheriff, in pursuance of the statute in such case made and provided, did, by a deed made the 4th day of June, 1856, grant, bargain, sell, release, assign, convey and confirm unto the said George N. Sharp, the plaintiff in this action, as aforesaid, and to his heirs and assigns, all the estate, right, title and interest of which the said Rufus Bouton was seized and possessed in the said premises on the 28th day of October, 1854.
The plaintiff further alleges, that the names and places of residence of such of the heirs of the said Baldwin Bouton, deceased, as are known to the said plaintiff, and as far as can be ascertained by him, are respectively, as the said plaintiff is informed and believes, as follows: [ Setting forth the same.)
The plaintiff further alleges, that he, the said plaintiff, by virtue of the said deed from the said John McEwen, the said sheriff, as aforesaid, is the owner of all the estate, right, title and interest of the said Rufus Bouton in said premises, that is to say, of the equal, undivided onetwelfth part of said premises of which the said Rufus Bouton was seized, as tenant in common, subject however to the right of dower of the said Susannah Bouton, widow of the said Baldwin Bouton, deceased; that, as plaintiff is also informed and believes, the said Maria Crosby, Mary White, Rhoda Ann Hall, Ursula Smyth, Charles Bouton, Jane Frances Bouton, Joel Bouton, Wellington Bouton, Sabrina A. Bouton and William B. Bouton are each seized, in fee simple, as tenants in common, of the equal, undivided one-twelfth part of said premises, subject however to the right of dower of the said Susannah Bouton, widow of the said Baldwin Bouton, deceased; that the said Mary Jane White and Helen White are each seized, in fee simple, as tenants in common, of the equal, undivided one-twentyfourth part of said premises, subject however to the right of dower of the said Susannah Bouton, widow of the said Baldwin Bouton, deceased; that, as plaintiff is also informed and believes, the dower of the said widow in the premises above described has never been admeasured, or in any way set apart to her from the estate of the said Baldwin Bouton, deceased.
· The complaint must set forth the rights and titles of all persons interested in the premises, so far as the same are known, including the interest of any tenant for years or for life, or by the curtesy, or in dower, and the persons entitled in reversion, remainder or inheritance, after the termination of any particular estate therein, and every person who, by any contingency contained in any devise, grant or otherwise, may be or become entitled to any beneficial interest in the premises. ( 2 R. S., 320, $ 21, orig. $ 20.)
Wherefore the plaintiff demands judgment that partition and division of the above described premises may be made, according to the course and practice of this court and the statute in such case made and provided, by commissioners, to be appointed for that purpose. And in case it shall appear that a partition thereof cannot be made without material injury to the rights of the parties interested therein, then that the said premises may be adjudged to be sold under the direction of this court, and the proceeds of the sale, after paying the costs and charges of this suit, be divided among the said parties according to their respective rights and interests therein; and that, to that end, the rights and interests of the parties interested in the said premises, or in the proceeds thereof, may be ascertained and declared by the judgment of this court;' and that the said plaintiff may have such other relief or such further relief in the premises as the nature of the case may require.
B. H. HALL
Troy, N. Y.
RENSSELAER COUNTY, $8: B. H. Hall, of the city of Troy, attorney for the plaintiff, being duly sworn says: That the said plaintiff is not a resident of the county of Rensselaer, where said deponent resides, and that the said
| The complaint in a partition suit may set up the claim of one of the defendants to a specific lien for moneys paid to extinguish liens on the premises sought to be partitioned, and ask for an account to be taken of such advances. And the claims of the defendant may be disputed by either of his codefendants, as well as the plaintiff, and their claims may be tried and settled in a partition suit, if they involve interests in or liens on the property sought to be partitioned. (Bogardus v. Parker and others, 8 How., 305.)
plaintiff is absent from the said county of Rensselaer, as deponent believes, and therefore this verification is made by deponent; that the foregoing complaint is true to deponent's knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true; that the grounds of this deponent's belief are, that he has had personal inspection of most of the written instruments referred to in the said complaint, and has the original of the sheriff's deed, referred to in said complaint, in his possession, and as to the rest of the matters set forth on information and belief, deponent has of some of the matters personal knowledge, and of the residue has obtained information from the plaintiff in this suit and from various persons of credibility, in answer to particular inquiries made in respect thereto.
B. H. HALL. Sworn before me this 21st day? of September, 1857.
CHARLES L. ALDEN,
Commissioner of Deeds, Troy, N. Y.