New York Supreme Court September 4, 1848 (Haywood v. Judson)

By the Court, Harris, J.

Partition between tenants in common of real property is a matter of right, by the common law as well as by statute. (Smith v. Smith, 10 Paige, 470.) Courts of equity have also a general concurrent jurisdiction with courts of law in all cases of partition, at common law, as well as by statute. (Story’s Eq. Juris. § 658. 2 R. S. 329, § 79.