# Conkling v. Brown

> New York Supreme Court · June 15, 1870 · 8 Abb. Pr. 345

URL: https://www.frixlaw.com/law-library/cases/5455994

## Case

- **Full name:** CONKLING against BROWN
- **Court:** New York Supreme Court
- **Decided:** June 15, 1870
- **Citations:** 8 Abb. Pr. 345; 57 Barb. 265
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Cardozo
- **Judges:** Cardozo
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5455994

## Opinion text

By the Court.—Cardozo, J.
The lot in question is part of land which descended _from Boltis Moore *355 to Augustus M. Winter, and Margaret" Cheesehrough, who thus "became tenants in common. Each was seized solely or severally of his undivided share of the land ; and all there was of unity between them was the possession, not estate, in the land (4 Kent Com., 368); and that possession they could sever and divide, and assign to each his separate part by parol, and the release which they executed effected nothing more. Neither acquired any new estate (Wood v. Fleet, 36 N. Y., 499 ).
Upon the death, therefore, of Augustus M. Winter, intestate, unmarried, without descendants, leaving no father, the fee descended to his mother, Mrs. Mary Hill, and to the exclusion of the brothers and sisters of the half blood, of Mr. Winter, they not being of the blood of Mr. Moore, the ancestor of M. Winter (1 Rev. Stat., Edmonds’ ed., 702; Morris v. Ward, 36 N. Y., 587 ).
There must be judgment for the plaintiff on the submission.
Ingraham and George G. Barnard, JJ., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5455994. Public record. Not legal advice.