63 A.D.2d 1111 | N.Y. App. Div. | 1978
Appeal from a judgment of the County Court of Schoharie County, entered August 2, 1977, which partitioned certain real property. Plaintiffs and defendants were joint tenants of 130 acres of land divided by a town road in a manner that placed 11 unimproved acres on the southerly side of the road, and 119 acres containing a residence and a well on the northerly side. After joinder of issue the parties consented to the entry of an interlocutory judgment appointing commissioners to partition the land. Subsequently, the commissioners made their report and the court, upon motion of plaintiffs, confirmed the report. A final judgment of partition was entered. This appeal ensued. The commissioners determined that defendants should receive the 11 acres lying southerly of the town road and 69 acres lying northerly thereof. The plaintiffs were awarded 50 acres of land northerly of the road together with the residence thereon and the well.